CENTRAL TURF AND IRRIGATION SUPPLY, INC.
GENERAL TERMS AND CONDITIONS OF SALE
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer” or “Buyer”) legal rights, warranties and obligations.
Except in those in stances where Central Turf and Irrigation Supply (“Seller”) and a Customer enter into a separate written contract for the purchases of products providing for separate terms of sale, the following terms and conditions will apply. For clarification, the terms “Customer” and “Buyer” includes Business Customer as well as individuals, and includes, but is not limited to, government, institutional and educational customers.
1. SALES AND FINANCIAL POLICIES
- Prices: Prices are subject to change or correction at any time and without notice. Seller’s prices do not include sales, use, excise or other similar taxes. Unless specifically indicated prices do not include freight or handling fees.
- Acceptance: Unless otherwise stated or provided for under these General Terms and Conditions, all sales are final. Acceptance of orders, whether oral or written and/or delivery to buyer is based on the express condition that buyer agrees to the Seller’s General Terms and Conditions of Sale. Accordingly, each request for quote, order, acceptance of Goods and/or payment to the Seller by Buyer shall be deemed as an acknowledgement and acceptance by Buyer of these Terms and Conditions as then in effect.
- Sales Tax: Customers will be charged for all applicable state and local taxes unless they provide a valid sales tax exemption certificate. Furthermore, customer agrees that they are responsible for and unconditionally guarantees payment or reimbursement of all applicable taxes and fees in the event no tax was originally charged or that the amount charged was not sufficient. When placing an order customer shall indicate which products are tax exempt. Seller makes all final determinations as to whether sales tax exemption documentation is acceptable.
- Delivery: Acceptance of shipment by Buyer from a designated shipper or mailing of an invoice to Buyer, which ever first occurs, will constitute tender of delivery and title will pass to Buyer. Seller will not make a delivery unless a Buyer representative is on hand to receive, inspect or acknowledge the order. In the case where goods are delivered to a customers designated site; either at their premises or job site, and no Buyer representative was available to receive, inspect or acknowledge said delivery and Buyer approved such delivery with the prior knowledge of no person being available to accept goods, such delivery will be considered accepted “as is” by Buyer and as such, liability and ownership of goods will have been effectively transferred from a Seller to a Buyer. All orders and shipments are carefully inspected and packaged before leaving our warehouse. All products should be inspected upon delivery and any damage or discrepancy must be noted on the invoice (and carrier’s freight bill, if applicable) at the time of delivery. Immediate notification to us will result in prompt resolution.
- Payment: Cash, Checks, Visa, MasterCard, American Express and Discover are acceptable forms of payment. There are no cash discounts and in some cases no discount pricing specials for payments made with credit cards. For customers without established credit the company reserves the right to restrict payment acceptance by check.
- Credit Terms: For Customers providing satisfactory financial information including but not limited to banking, credit card and trade references along with authorizations to process credit history as reported by various credit bureaus and whose volume and buying activity warrant it; may be granted an open charge account with a credit limit. Unless otherwise agreed all open accounts must be personally guaranteed by its principals. Unless otherwise agreed standard Terms for all invoices are due on the 10th of the month following the invoice date. A 1-1/2% late charge per month (18% annually) or such other rate as may be set by us from time to time and will be billed on all account balances that are past due. Delinquent accounts will be placed on C.O.D. status until the account balance is current. A new credit evaluation may be required for credit privileges to be reinstated. The applicant agrees that all purchases shall be in accordance with and subject to the Seller’s terms and conditions of sale as may be set forth in sales orders, invoices and other documents. Applicant acknowledges and agrees to abide by Central Turf and Irrigation Supply’s “General Terms and Conditions” as contained herein and is also available on their website. Unless directed otherwise all payments shall be applied first to unpaid finance charges and then to the oldest outstanding balances for goods purchased. In the event of default, debtor agrees to pay in addition to the outstanding indebtedness, all costs of collection including a reasonable attorney’s fee. To secure payment for all purchases from Central Turf and Irrigation Supply Inc, now and in the future, Debtor hereby grants Central Turf and Irrigation Supply Inc a continuing security interest in all of Debtor’s presently owned or hereafter (a) goods, (b) instruments, (c) Chattel paper, (d) books and records, (e) accounts, (f) accounts receivable, (g) general intangibles, and (h) payment intangibles and together with all proceeds and all support obligations thereof. Customer agrees that any credit balance must be used within 12 months from the date the credit was issued and may only be used for purchases of products.
- Other: A service fee of $50.00 will be charged for a returned check by your bank. Thereafter, a $75.00 charged will be levied for each check returned. If a customer initiated a dispute for payment with his credit card company and has as acted in bad faith, the Seller reserves the right to take appropriate measures including suspension of their credit line.
2. PRODUCT WARRANTY AND RETURN POLICIES
- Product Warranty: If the Manufacturer offers a warranty, Central Turf and Irrigation Supply will pass through to Buyer any transferable product warranties, indemnities, and remedies provided to Central Turf and Irrigation Supply by the manufacturer. Central Turf and Irrigation Supply, makes no independent warranty, express or implied, and makes no warranty of merchantability or of fitness for a particular purpose. Central Irrigation Supply shall not be liable for any indirect, special, incidental, punitive or consequential damages of any kind. Specifically, EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY CENTRAL TURF AND IRRIGATION SUPPLY. CENTRAL TURF AND IRRIGATION SUPPLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CENTRAL TURF AND IRRIGATION SUPPLY ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. CENTRAL TURF AND IRRIGATION SUPPLY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. Pertaining to the sale of the Equipment, sales are made without warranties of any kind, express or implied. Specifically, CENTRAL TURF AND IRRIGATION SUPPLY LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY. CENTRAL TURF AND IRRIGATION SUPPLY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). Accordingly, CENTRAL TURF AND IRRIGATION SUPPLY shall not be liable for defects in materials or workmanship, or for damages incurred by Purchaser arising out of relating to defective installation or use of the Equipment. If the original equipment manufacturer offers a warranty, Ewing will pass through to Purchaser any transferable product warranties, indemnities, and remedies provided to Ewing by the manufacturer.
- Return Policy: Seller grants no rights to returns, all sales are final and subject to the Terms and Conditions on the Sellers Credit Application and the General Terms and Conditions stated herein. In some instances, in the sole discretion of the Seller, products in new and saleable condition may be returned with pre-authorization provided the eligibility criteria requirements below are met at the time of the return. This is a service provided to our customers to promote goodwill, and is at the sole discretion of the Seller.
The following criteria/requirements must be met in order for a return to be completed:
- All goods must be returned within 60 days of the sales transaction and are subject to pre-approval, at Seller’s sole discretion and require an inspection of the returned product.
- Freight is non-refundable. Freight cost back to the vendor will be deducted from the credit.
- Goods must be new, unused, undamaged and in saleable condition and contain all original packaging and accessories. All items are subject to a minimum 25% restocking fee, to be determined at Seller’s sole discretion at the time of the return.
- All returns must have a proof of purchase via a matching sales invoice dated within 60 days of purchase.
- Pre-authorized returns should be made in person to the Seller’s location from which the goods were purchased. Return’s may be submitted by pre-approved pick-up by an authorized Seller company vehicle; or returned via pre-approved return with freight pre-paid.
- Special orders cannot be returned.
- Other restrictions may apply, and are subject to change at Seller’s sole discretion.
3. PRODUCT INFORMATION
- Catalog/Website Information: Central Turf and Irrigation Supply is a distributor of products. Information about the products in a Central Turf and Irrigation Supply catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Manufacture literature (“Cut Sheets”) is available at all of our warehouses. Possession of, or access to, any Central Turf and Irrigation Supply catalog, literature or websites does not constitute the right to purchase products. Central Turf and Irrigation Supply reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Central Turf and Irrigation Supply catalogs and websites, and Central Turf and Irrigation Supply reserves the right to correct or change such pricing errors without notice. Central Turf and Irrigation Supply further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Central Turf and Irrigation Supply.
- Product Availability: Not all items are available at all locations. Buyers should call their local warehouse to determine availability. Central Turf and Irrigation Supply may offer products manufactured or assembled to Customers specifications (“Custom Product(s)”). Central Turf and Irrigation is not responsible for verifying or confirming the accuracy of specifications provided by Customer to Central Turf and Irrigation Supply for Custom Products. CENTRAL TURF AND IRRIGATION SUPPLYLIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE CUSTOM PRODUCT WILL BE CUSTOMER’S SOLE REMEDY, AND ALL OTHER WARRANTIES ARE DISCLAIMED UNDER SECTION 2.A. ABOVE. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed. These special and/or non-stock products require a minimum 50% deposit when ordered.
- Product Compliance: Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Central Turf and Irrigation Supply does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Central Turf and Irrigation Supply accept responsibility for construction, installation and/or use of a product. It is Customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
- Safety Data Sheets: Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. CENTRAL TURF AND IRRIGATION SUPPLY MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
- Design Work: Our Certified Irrigation Designers (C.I.D.) pride themselves on producing the most professional, easy-to-read, and efficient system designs in the industry. Whether you are a contractor, developer or architect, our design service is available to you for your residential, commercial or golf projects. Budget estimates and reviews of “as built” drawings are also available. Please note that Irrigation drawings are diagrammatic. All irrigation equipment placed in the field needs to be approved by the owner or its representative. The Contractor is responsible for verification of equipment quantity. Due to scale, accuracy or condition of site plans, Contractor will modify pattern in order to guarantee 100% coverage of indicated areas in cases where site dimensions conflict with drawings.
- Hours: Our hours are subject to the prevailing weather conditions in our markets, though generally, our hours are:
March through October: M-F 7:00 am-6:00 pm, Saturday 7am-12pm
November through February: M-F 7:30 am-5:00 pm, Saturday Closed
- Remote Orders: Save valuable time. Make up your list of materials including stock number, quantity, size, purchase order number and “Ship-To” address and phone or fax your local warehouse. We will fill the order and have it waiting for you or we will deliver it.