Robroy Enclosures, Inc. ("Stahlin Enclosures") Terms and Conditions
Terms and Conditions
Acceptance: All orders are subject to acceptance by Stahlin Enclosures. Delivery: Delivery date given prior to or after placement of an order is determined to the best of our ability based on our normal production cycle. The delivery date is in no way guaranteed unless otherwise specified in writing. Therefore, Stahlin Enclosures is not indemnitor for any damages, losses, or claims whatsoever due to inability to meet such a delivery date. Payment Terms:1% 10th prox, Net 25th; payment in U.S. funds. Credit card payments may be subject to additional fees. Minimum Billing: Orders of less than $150.00 net value will be invoiced at $150.00 plus transportation charges. Freight: F.O.B. point of shipment, this includes the factory location of Belding, Michigan, and all regional warehouses. Freight allowance is based on a single order. Due to the lightweight nature of Stahlin products, freight charges are often determined by the enclosure’s size and volume, not its weight. Freight charges include any appropriate and/or extraordinary packaging or handling charges. Shipments will be complete without back orders. If a partial shipment is requested on a freight allowed order and each shipment would not qualify for allowance, freight will be allowed on the portion having the greater weight. Customer authorized releases to a blanket order through a stocking distributor must meet a minimal value of $2,250 net per release to qualify for freight allowed, otherwise they will be prepaid and added to the invoice. Freight to stocking distributors is prepaid and allowed on $2,250 (net) orders or more (freight as quoted). All shipments are F.O.B. point of shipment, routing method and carrier will be determined by Stahlin Enclosures. Alaska, Hawaii, Puerto Rico and export shipments are F.A.S. Port of Embarkation with all export charges to the buyer’s account. Freight to non-stocking distributors will be prepaid and added to the invoice unless otherwise quoted. On orders that do not qualify for the freight allowances, freight charges will be prepaid and added to the invoice.
Damage or Loss in Transit: Domestic delivery of products to a carrier at Stahlin Enclosures plant or other shipping point shall constitute delivery to Purchaser; and regardless of freight payment, all risk of loss or damage in transit, shall pass to Purchaser at that time. Purchaser shall make claims for loss or damage of goods while in transit against the carrier. Immediate inspection of goods at time of delivery and prompt filing of claim will facilitate a proper settlement of claim. For international deliveries, title passes DAF (Delivery at Frontier).
Cancellation:Orders for normal quantities of standard catalog listed goods (availability codes; A, B) may be canceled without charge, if written instructions are received at the factory in time to stop shipment. Cancellation of orders for special products (availability code C, and modified products) or standard products in quantities larger than normal which are in the process of manufacture, will be accepted with the understanding that Stahlin Enclosures will be reimbursed for expenses incurred related to the canceled order. These expenses would include any engineering expense associated with the design or the preparation for manufacture.
Return of Goods:No material will be returned to, or accepted by Stahlin Enclosures without written permission. Only current design stock products (availability codes; A, B) in resalable condition will be considered returnable. Goods may not be returned after ninety (90) days.
Exceptionally large quantities of “A” items may not qualify for return, consistent with the cancellation policy noted above. A minimum restocking charge of 20% of the price originally paid for the material plus all transportation charges paid by Stahlin Enclosures will be deducted from our Credit Memo on the returned goods. Transportation charges on the returned material must be prepaid. Any cost in excess of the 20% restocking charge incurred in repackaging and restoring the material to resalable condition will be deducted from the Credit Memo. Material under availability code “C” or specially fabricated to the customer’s specifications cannot be returned for credit unless the return is made necessary through poor workmanship or defective materials supplied by Stahlin Enclosures. Should this be the reason for the requested return, it will be allowed and appropriate credit issued.
Warranties: Stahlin Enclosures warrants products manufactured by the company to be free from defects in workmanship for a period of ten (10) years from manufacturer’s defects. If within such a period any such goods shall be proven to Stahlin’s satisfaction to be so defective, then and in that event the enclosure shall be repaired or replaced at Stahlin’s option. Such correction or replacement of defective goods shall constitute a fulfillment of all liabilities in respect to such goods.
Stock Rotation: Stock rotation is permitted by recognized Stahlin stocking distributors only, once per calendar year, with prior written permission by Stahlin Enclosures. A minimum restocking charge of 10% of the original purchase price, plus an offsetting order of equal value and prepaid freight is required. The returned material must be of current design of stock products (availability codes; A, B), no more than 12 months old and in complete resalable condition to avoid additional charges. A copy of the original invoice(s) must be provided for the stock rotation approval. Maximum amount of stock rotation shall not exceed 10% of the annual enclosure purchases; excludes all non standard product.
Rework: No credit will be allowed for rework unless authorized in advance in writing by Stahlin Enclosures.
Quotations and Prices: Orders are accepted with the understanding that the goods will be billed at the price in effect at the time of shipment, unless otherwise specified in written quotation.
Clerical Errors: All clerical errors are subject to correction.
Catalog Specifications: Catalog weights and dimensions are careful estimates but are not guaranteed.
Literature and Advertising Materials: Industrial catalogs and other promotional brochures are available in reasonable quantities upon request.
Consequential Damage: Anything to the contrary, herein contained notwithstanding, Stahlin Enclosures shall not be liable for any consequential, contingent or incidental damages whatsoever.
Penalty Clause: No penalty clause of any type will be applicable in any form unless written approval is provided by an officer of Stahlin Enclosures.
Patents:Stahlin Enclosures will defend any suit or proceeding brought against the Purchaser so far as based on a claim that goods, or any part thereof, sold hereunder, constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information and assistance, at our expense, for the defense of the same, provided that this agreement shall not extent to any infringement based upon the manufacture, use of sale of any of said goods or any part or parts thereof, in combination with materials or things not furnished hereunder.
Taxes: The amount of any present or future sales or other similar tax applicable to the material sold hereunder shall be added to the prices of the material and paid by the purchaser in the same manner and with the same effect as if originally added thereto.
Stahlin Trademark Policy Unless subject to another written agreement between the parties, the terms of which will be deemed to supersede this agreement, Robroy Enclosures, Inc. retains all exclusive right, power and authority as to purchaser or any subsequent purchaser to grant any right in and to any trademarks appearing on the goods or used in connection with any services supplied by Robroy Enclosures, Inc. to purchaser (hereafter, “trademarks”). By purchasing any goods or services from Robroy Enclosures, Inc., purchaser does not acquire any independent right to use any trademarks appearing on the goods or used in connection with any services. Robroy Enclosures, Inc. reserves the right, subject to reasonable notice, to request an audit and/or written verification to ensure that purchaser is not misusing any trademarks. Without first obtaining the prior written authorization from Robroy Enclosures, Inc., Purchaser cannot remove any trademarks from any goods or services supplied pursuant to this agreement, nor can purchaser add the trademarks to any other goods or use any trademarks in connection with any services not supplied by Robroy Enclosures, Inc..