Terms and Conditions of Sale
Pecuniary, Inc., owner of the www.diesel-fuels.com web site, is not the manufacturer of any products sold on the site, and all warranty is provided by the manufacturer, AXI International, Inc., and Pecuniary, Inc. acts only as a distributer. Pecuniary, Inc. provides not warranty or guarantee of any kind, expressed or implied, and all sales are processed by the following Terms and Conditions of Sale as established by AXI International, Inc., which are subject to change without notice.
In the event of any conflict or inconsistency between the terms and conditions of sale herein and the terms and conditions contained in Purchaser’s order or in any other form issued by Purchaser, whether or not any such form has been acknowledged or accepted by AXI, AXI’s terms and conditions herein shall prevail. No waiver, alteration or modification of these terms and conditions shall be binding upon AXI unless made in writing and signed by a duly authorized representative of AXI.
Unless otherwise stated, AXI’s quotation shall be null and void unless accepted by Purchaser within thirty (30) days from the date of quotation. Purchase Order must accurately match AXI’s product description and reference the specific quotation number.
3. PRICES/COST OF TRANSPORTATION
All quoted prices are based on the current exchange rates, tariffs and costs of manufacture. Unless otherwise stated in the quotation, quoted prices are subject to change by AXI with or without notice until Purchaser’s acceptance. Prices are subject to correction for error. Unless otherwise stated, all prices are pre-pay and add to invoice and include packaging. Customary methods of transportation shall be selected by AXI and such transportation will be at Purchaser’s expense. Special methods of transportation will be used upon Purchaser’s request and at Purchaser’s additional expense provided reasonable notice of Purchaser’s transportation requirements are given by Purchaser to AXI prior to shipment.
Prices do not include Goods & Services Tax, State or Local Sales Tax. Accordingly, in addition to the price specified herein, the amount of any present or future sales or similar tax applicable to the sale of the goods hereunder or the use of such goods by Purchaser shall be paid by Purchaser to the entire exoneration of AXI.
5. LEAD TIME & DELIVERY
Lead time and delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of AXI’s quotation and AXI’s acceptance of Purchaser’s order. Lead time and delivery shall also depend on the prompt receipt by AXI of the necessary information to allow for manufacturer’s engineering and manufacturing schedules. AXI may extend lead time and delivery schedules or may, at its option, cancel Purchaser’s order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation.
6. FORCE MAJEURE
AXI shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of AXI including, but without limitation, acts of God, war, invasion, insurrection, riot, the order of any civil or military authority, flood, weather, acts of the elements, delays in transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs, strikes or labor disputes, faulty castings or forgings, or the failure of AXI’s suppliers to meet their delivery promises. The acceptance of delivery of the equipment by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.
7. SHIPMENT/DAMAGES OR SHORTAGES IN TRANSPORT/RISK
Except for obligations stated under “Warranty” herein, AXI’s responsibility for goods ceases upon delivery to the carrier. In the event of loss or damage during shipment, contact AXI immediately. Purchaser’s claim shall be against the carrier only. AXI will, however, give Purchaser any reasonable assistance to secure adjustment of Purchaser’s claim against the carrier provided immediate notice of such claim is given by Purchaser to AXI. Claims for shortages must be made in writing within seven (7) business days after receipt of goods by Purchaser. If AXI does not receive written notification of such shortages within seven (7) business days, it shall be conclusively presumed that the goods were delivered in their entirety. Unless agreed upon otherwise in writing, AXI reserves the right to make partial shipments and to submit invoices for partial shipments.
Title to the goods or any part thereof shall not pass from AXI to Purchaser until all payments due hereunder have been duly made, except as otherwise expressly stipulated herein. The goods shall be and remain personal or movable property, notwithstanding their mode of attachment to realty or other property. If default is made in any of the payments herein, Purchaser agrees that AXI may retain all payments which have been made on account of the purchase price as liquidated damages, and AXI shall be free to enter the premises where the goods may be located and remove them as AXI’s property, without prejudice to AXI’s right to recover any further expenses or damages AXI may suffer by reason of such nonpayment.
AXI shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, General Terms and Conditions of Sale. The following terms and conditions of sale shall apply to any sale of goods and services by AXI. Purchaser shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if either the goods and services referred to herein are delivered to and accepted by Purchaser, or if Purchaser does not within five (5) days from the date hereof deliver to AXI written objection to said terms and conditions or any part thereof.
Refer to AXI Limited Warranty document.
Unless otherwise expressly stipulated, the goods shall be installed by and at the risk and expense of Purchaser. In the event that AXI is requested to supervise such installation or provide commissioning services, AXI’s responsibility shall be limited to exercising that degree of skill customary in the trade in supervising installations or providing commissioning services of the same type. Purchaser shall remain responsible for all other aspects of the work including compliance with the local regulations.
12. RETURNED GOODS
No goods may be returned to AXI without AXI’s prior written permission. For return eligibility, Purchaser will need to inform AXI within 30 days of purchase. AXI reserves the right to decline all returns or to accept them subject to a handling/restocking charge. Even after AXI has authorized the return of goods for credit, AXI reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival in AXI’s warehouse. Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods. Goods will be considered for return only if they are in their original condition and packaging.
13. TERMS OF PAYMENT
Unless otherwise stated, invoices on “open account” shipment are payable within thirty (30) days of invoice date. Unless specifically provided, no cash discount shall be available to Purchaser. AXI does not offer C.O.D. shipments. Should payment not be made to AXI when due, AXI reserves the right, until the price has been fully paid in cash, to charge Purchaser with interest on such overdue payments at the rate of 1.5% per month (18% per annum). The charging of such interest shall not be construed as obligating AXI to grant any extension of time in the terms of payment.
14. CHANGES AND CANCELLATION
Orders accepted by AXI are not subject to changes or cancellation by Purchaser once in production, except with AXI’s written consent. In such cases where AXI authorizes changes or cancellation, AXI reserves the right to charge Purchaser with reasonable costs based upon expenses already incurred and commitments made by AXI, including, without limitation, any labor done, material purchased and also including Supplier’s usual overhead and reasonable pro t and cancellation charges from AXI’s suppliers.
15. THE AGREEMENT
An acceptance of an official confirmation of Purchaser’s order by AXI shall constitute the complete agreement, subject to the terms and conditions of sale herein set forth, and shall supersede all previous quotations, orders or agreements. Applicable US laws shall govern the validity, interpretation and enforcement of these terms and conditions of sale and of any contract of which these terms and conditions are a part.
ADDENDUM TO GENERAL TERMS AND CONDITIONS OF SALE
2A. AXI BOM QUOTATIONS
Purchase orders for custom build products must include an accurate description of the products as provided in AXI’s BOM quotation. The purchase order must also reference the specific BOM number from AXI’s quotation.
3A. PRICES/COST OF TRANSPORTATION FOR INTERNATIONAL PURCHASE ORDERS
Once a purchase order is processed and customs paper work is filed, additions or changes cannot be made to that specific purchase order. An additional purchase order will be required, and be shipped separately for any changes due to International Trade Regulations.
7A. SHIPMENT/DAMAGES/SHORTAGES IN TRANSPORT/RISK
Replacement deliveries for short shipment claims will be re-invoiced. The original shipment will be credited once the validity of the claim is verified.
CUSTOMER PICK-UPS & THIRD PARTY TRANSPORT
Customer pick-up and Third Party transport from AXI’s warehouse require approval in advance from AXI. AXI will provide reasonable assistance with loading product. AXI is not responsible for securing product and therefore not liable for any damage caused during transport to the delivery destination. AXI does not provide overnight storage for transport vehicles or trailers.
Orders tagged “Rush” or “Overnight” shipment will be subject to expedited shipping charges by the carrier. Orders must be received by 2 pm local time to ensure next day delivery.
12A. RETURNED GOODS
Allowance of sixty (60) days should be considered to issue credits pertaining to valid claims concerning Return Material Authorizations, short shipments, or price differences. Unwarranted returns are subject to a 25% restocking fee.
13A. TERMS OF PAYMENT
For new customers, a 50% deposit will be required at the time the purchase order is placed with the balance due prior to shipment. Acceptable payment methods include the following (for US customers only): Master Card, Visa, American Express, Bank Wire Transfer, ACH, Cash or Check. NET 30 credit terms may be requested once the first order has been processed. Please allow up to two weeks for the credit approval process. High value orders and custom orders may require a deposit regardless of established credit terms. A finance charge of 1.5% per month (18% APR) will be applied on all invoices over thirty days past due.