North American Jobber & WD Dealer Terms & Conditions
These Terms & Conditions supersedes all previous Terms & Conditions - Revised 29 Feb 2012
Authorized HoseTechniques Jobbers and Wholesale Distributors (WD) both hereafter referred to as Dealers unless otherwise stated, are appointed after due analysis relating to a Dealers business practices, trading area, markets, history, financial stability and policies. Dealer levels can be at either Jobber level, or WD level.
All open accounts are required to have a current credit application and up-to-date company information on file.
ANNUAL MINIMUM FOR DEALERS ACCOUNTS
JOBBER and WD: No minimum is required. Discounts are determined by quantity of purchase per item per invoice.
HoseTechniques payment terms are 5% 15 Net 30 days from date of invoice for credit approved Open Accounts. Payments must be received by HoseTechniques no later than 30 days after invoice date, or will be deemed delinquent.
Term discounts do not apply on C.O.D. shipments, wire transfers or transactions covered by an irrevocable Letter of Credit. HoseTechniques reserves the right to discontinue Open Account status to any account HoseTechniques deems not credit worthy.
A $25.00 charge will be applied to any check that is returned by the bank due to insufficient funds. Your purchasing account will be on hold until you have rectified the insufficient funds amount and NIS fee, and both have been cleared our bank, usually a period of 2 weeks. In lieu of a replacement check, payment by credit card of the total insufficient funds plus the $25.00 fee will be accepted, upon which your purchasing account will be reinstated.
All delinquent accounts will be subject to a finance charge of 1.5% per month (18% annual percentage rate) applied to all past due balances (over 30 days). HoseTechniques reserves the right to discontinue shipment of product to any account that is delinquent.
HoseTechniques will make every attempt to notify Dealers at least 30 days in advance before any new pricing becomes effective. Dealers with setup and activated online accounts are able to access updated prices via the HoseTechniques Dealer website (http://Dealer.HoseTechniques.com)
HoseTechniques will choose the most cost effective shipping method possible, usually UPS. The Dealer may specify carrier only if the Dealer is incurring all freight charges i.e. Next Day Air, 2 Day Air, 3 Day Select or ground. In such case, HoseTechniques Free Freight Allowance (FFA) will not apply.
There is no extra fee for drop shipments. We can ship directly to your customer. Those freight/shipping charges to your customer from our warehouse will be billed on your invoice at time of shipping.
No C.O.D. shipments or C.O.D. for freight only shipment payments allowed for drop shipments.
The Dealer will be responsible for all charges incurred by a refused drop-shipment. A 15% restocking charge will be charged to the Dealer for a refused drop-shipment, in addition to any storage or return freight charges from the carrier.
PART NUMBER SUPERSESSIONS
When a part number ordered has been superseded by a different part number, the replacing part will automatically be shipped and invoiced. Part number changes do not necessarily reflect changes to product. We cannot guarantee that all products listed in our current catalog will continue to be available.
HoseTechniques policy is to maintain Back Orders unless otherwise notified in writing that all back orders should be cancelled. Acknowledgement of this is part of your Dealer application.
Back Orders will be shipped when product becomes available. If the product(s) were originally ordered as part of a qualifying prepaid shipment, then HoseTechniques will pay the freight as a prepaid shipment when the product(s) become available.
Should the Dealer receive merchandise that is damaged in transit, Dealer must notify delivering carrier's claims department immediately for settlement. DO NOT deduct in full or part the damaged merchandise from remittance.
Carton shortages and damages found by the Dealer must be brought to the attention of the Carrier at the time of delivery, usually denoted on any discrepancy on the delivery notice from the carrier.
If a shortage is found within a sealed shipment, a Shortage Claim Form (available online http://Dealer.HoseTechniques.com or upon request) is to be submitted within five (5) days of receipt of shipment. Such shortages are not required to be reported to freight carrier. If not submitting online, complete a Shortage Claim Form and fax it to HoseTechniques Accounts Receivable department at 310-533-7077. Refer to the invoice number, date of invoice, date of shipment, part number/s, description, and carton count indicating discrepancy. HoseTechniques will credit the amount of any verified shortage claim to your account.
RETURNS AND STOCK ADJUSTMENTS
In all cases, a list of products to be returned for credit must first be forwarded to HoseTechniques to obtain a Return Goods Authorization number (RGA #). Only after HoseTechniques receipt and review of returning merchandise are credit memos issued. No cash refund will be given against credits resulting from product returns.
PRODUCT SHIPPED IN ERROR
Products shipped in error require the Dealer to obtain RGA # from HoseTechniques.
These returns (and initial pro-rated freight) will be at HoseTechniques expense: a Call Tag will be issued for this process, and/or appropriate credit will be issued upon receipt of merchandise.
SPECIAL ORDER RETURNS
Special orders are not returnable for refund except in the case of manufacturing defect. In this case, any discrepancies must be brought to the attention of HoseTechniques within 10 days of receipt of shipment.
CUSTOM ORDER RETURNS
Custom orders are not returnable for refund except in the case of manufacturing defect. In this case, any discrepancies must be brought to the attention of HoseTechniques within 10 days of receipt of shipment.
COLOR MATCHING DISCLAIMER
All our vacuum and turbo hose are matched for color to the best of our knowledge, though we do allow for a nominal color difference from batch to batch. Please note colors that you see via a monitor or print can vary in accuracy to actual colors due to the nature of the media.
WORLD WIDE MILLION MILE WARRANTY
All currently cataloged parts are covered by HoseTechniques World Wide Million Mile Warranty. This warranty extends to the ultimate end-user. This warranty is limited to product replacement for any HoseTechniques part that fails because of a defect in materials or workmanship. Implied warranty: Any warranties implied by law are limited to the duration of this warranty (except in those states where prohibited by law). This warranty is only valid with on completion of product registration by ultimate end-user via the retail website http://www.hosetechniques.com allowing 30 days for processing before submitting claim.
WHAT IS NOT COVERED
Failure of a HoseTechniques product due to the following disqualifies warranty: misapplication, improper installation, and improper maintenance, failure to use the correct clamps, misuse, abuse, unauthorized repairs, accidents, or modifications to the original design. Removal or replacement costs, damage to related components, costs incurred due to downtime of vehicle, towing cost or transportation costs, normal wear and tear, or shipping costs are not covered by warranty and are the responsibility of the end user.
WARRANTY SERVICE PROCEDURE
HoseTechniques warranty claims must have authorization for return (RGA # supplied by HoseTechniques). RGA # will only be issued by HoseTechniques after a copy of the end users original sales receipt is faxed to HoseTechniques indicating the date of sale. Any deviation will not be accepted for warranty consideration. Any returned merchandise must be shipped prepaid to HoseTechniques. HoseTechniques will make every effort to quickly inspect the unit and advise the Dealer or customer of the findings. Any claims or problems not attributed to a legitimate warranty claim will not be warranted under any circumstances. In the event of a warranty denial, HoseTechniques will contact the returning party with a reason for denial. Any hose returned and deemed not authorized for replacement, is subject to HoseTechniques right to scrap the unit with no credit given to the Dealer or returning party. However, if a hose if found to be defective HoseTechniques will replace it and pay the return freight via UPS ground or common carrier to the end user.
PRODUCT RETURN PROCEDURE
In the event a problem develops with HoseTechniques product, contact HoseTechniques Customer Service: by Phone 424-250-9282, by Fax to 310-533-7077, or by email to: email@example.com. Customer Service will determine if the product will have to be returned to HoseTechniques. On qualification for return, RGA # will be assigned per invoice. The end-user should return the product, freight prepaid. It must be accompanied by a copy of the original sales receipt stating a clear description of the problem and reason for return. If the product is determined to be defective, HoseTechniques will replace the product with a like product. Replaced product will be returned to the sender, freight prepaid via UPS ground. This Million Mile Warranty may give you specific legal rights, which may vary from state to state.
TERMINATION OF DEALER AGREEMENT
Termination of HoseTechniques Dealer agreement may be caused by, but not limited to, the following:
Sale of Dealer's business, change in management or control of Dealer organization by way of sale, merger, consolidation or acquisition in which case all outstanding invoices (debts) become due immediately, in full, and cannot be transferred to the new Dealer or Buyer. Failure to notify HoseTechniques in advance of such a change is cause for termination.
The Dealer becomes insolvent, or credit becomes impaired or if any proceedings instituted by or against the Dealer in bankruptcy or under reorganization, receivership, or insolvency laws. Misrepresentation of HoseTechniques products, name, or logo; i.e. representing and/or selling other products as if they were actually HoseTechniques products.
In the event of termination, which may become immediate by written notification, all use of HoseTechniques trademarks, registered marks, service marks, logotypes or trade names, brand names, banners, literature, brochures, catalogs et al must be discontinued immediately. HoseTechniques shall have the right (but not the obligation) to repurchase all or any part of the Dealer inventory of HoseTechniques products at the price originally paid by the HoseTechniques Dealer. In the case where the original purchase cannot be determined (due to a price change within the last 12 months), HoseTechniques reserves the right to take the lowest price purchased from presented invoices.