Comstar Supply Inc.
Standard Terms and Conditions of Sale
The term "Buyer" as used herein means the purchaser of goods and/or services from Comstar Supply Inc. pursuant to the terms and conditions herein contained. The term "Seller" as used herein means Comstar Supply, Inc.
PRICES, DISCOUNTS AND QUOTATIONS
Seller suggested Bill of Materials is based on information as provided to Seller by Buyer as well as, any necessary assumptions and is provided in good faith. It is the responsibility of the Buyer to ensure the Bill of Materials is correct, complete and meets project requirements.
All prices are subject to change without notice. All invoice prices are those in effect on date of shipment, unless otherwise agreed to in writing by Buyer and Seller. All pricing information in published or printed material is current at the time of publication and is provided for general information and estimation purposes only. Published prices are neither quotations nor offers to sell. Prices do not include applicable federal, state or local taxes. All taxes applicable to products ordered shall be paid by Buyer, or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. In the event an initial order is received prior to the submittal of the tax exemption certificate, Buyer shall be required to recover taxes from any taxing authority where taxes were withheld by Seller prior to receipt of valid exemption certificate by Seller.
SURCHARGES AND TARIFFS
Any surcharges or tariffs imposed on Seller by a supplier or manufacturer will be added to the Buyer’s order price at the time of shipment.
Seller accepts cash, checks, ACH, wires, and all major credit cards at point of sale. Sales via the Seller’s website must be paid by credit card. All international shipments must be paid in USD via Wire payment. For buyers with established credit, payment terms are net thirty (30) days from invoice. Certain products, including trailers, require prepayment for title transfer for registration regardless of overall Buyer payment terms. Credit card payments submitted after shipment and invoicing will be subject to an additional processing fee of three percent (3%). A late payment charge will be assessed on all account balances which remain unpaid and outstanding beyond the date payment is due. The late payment charge shall be 1.5% of the outstanding balance per month for each month, or partial month, unpaid balance remains outstanding. If Buyer fails to pay any invoice when due, the whole sum owing shall immediately become due and payable by Buyer, and Seller may immediately suspend further deliveries to Buyer until all amounts owed by Buyer to Seller have been paid in full. If Buyer’s account is placed with a collection agency or if legal fees are incurred, Buyer will be responsible for all resulting collection and attorney fees. This obligation shall survive payment of Seller’s invoice. All agreements between Buyer and Seller shall be governed by the laws of the state of Pennsylvania. Buyer and Seller agree to submit to the jurisdiction of the courts in the state of Pennsylvania.
MINIMUM ORDER AMOUNT
The minimum order amount is $300.
ACCEPTANCE OF ORDERS
All orders are subject to acceptance solely by Seller and such acceptance is expressly made conditional upon the assent by Buyer to the terms and conditions herein contained as the sole terms and conditions governing this transaction, except that modifications or additions to the terms and conditions herein may be agreed to by Buyer and Seller in the form of a purchase agreement or in other written form. Terms or conditions contained in Buyer's purchase order or other correspondence from Buyer which differ from or add to those herein contained shall not become part of the agreement between Buyer and Seller and shall not be binding upon Seller.
Seller shall accept Purchase Orders only in written format, i.e. delivery may be by mail, facsimile or electronic mail interface.
CANCELLATION OF ORDERS
No order can be cancelled by Buyer without the written consent of Seller. Buyer agrees to indemnify and hold harmless Seller from any and all losses sustained by Seller as a result of Buyer's cancellation of or change in an accepted purchase order. If Seller withholds its consent to the cancellation of an order, Seller will deliver the ordered items to Buyer, and payment in full will be due from Buyer for such items.
SHIPPING AND HANDLING
Unless otherwise agreed in writing, all shipments from Seller's warehouse locations to points within the continental United States will be shipped via surface freight. Shipping and handling charges include, but are not limited to: the freight charge, special handling, special packaging, applicable fuel surcharges, and expedite fees. Freight charges for such shipments may be prepaid by Seller and added to the charges listed on the invoice, and Buyer agrees to reimburse Seller for such freight charges as they appear on the invoice. Seller will select point of origin, method, and routing unless otherwise agreed in writing. All shipments are F.O.B. point of origin. Title to goods and risk of loss or damage is transferred to Buyer upon delivery of the ordered items by Seller to a common carrier. ***Please Note*** Due to multiple shipping locations, your estimated shipping quote can be lower or higher. Please be advised, Seller may adjust your total price and your credit card will be either credited or charged for the difference. Please call our office for information (866) 326-6782.
Availability of products (i.e. Shipping dates) provided by Seller, verbal or written, are approximate and subject to change. Information is based on current inventory and estimations of time periods required to obtain ordered goods from the manufacturer. In no event shall Seller assume liability, consequential or otherwise, as a result of Seller's failure to deliver goods in accordance with indicated delivery schedules. Acceptance of any item shipped by Seller pursuant to Buyer's purchase order shall constitute a waiver of all claims based on delay in deliveries. Buyer shall be responsible for inspecting its shipment upon delivery. Buyer is responsible for signing all acceptance documents with the carrier as short or visible damage. Any shortages or evidence of damage to merchandise must be reported in writing to Seller within 15 days of the receipt of goods. Failing such notice, the goods shall be deemed accepted with knowledge of, and Buyer shall be deemed to have waived all claims based on, all shortages or defects ascertainable at the time of delivery. Seller shall have no liability for damages to the goods caused by the carrier. No shipping arrangements specified in Buyer's purchase order can be changed without written authorization by the Seller prior to the scheduled shipping date. Unless otherwise specified in the purchase order, all shipments will be made as soon as Seller deems reasonably practicable after receipt and acceptance of Buyer's purchase order. Seller reserves the right to make delivery in installments and the delivery of part of an order shall not obligate Seller to make further deliveries. Seller shall not be obligated to make any deliveries hereunder until Buyer's purchase order has been received and accepted, and Buyer has complied with all applicable credit qualification requirements or has prepaid.
Seller shall not be liable for damages, lost profits or adjustments to the price due to delays or incapacities caused by circumstances beyond its control, including but not limited to, acts of God; fire; flood; wars; sabotage; labor disputes; government actions; shortages suffered by Seller's suppliers or manufacturers; inability to obtain material, power, equipment or transportation; acts or defaults by common carriers; global shipment delays or delays caused by Buyer of any kind. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
No return of merchandise will be accepted from Buyer without prior approval by Seller. Such approval must be in the form of a written Return Authorization, which must accompany the returned items. A Return Authorization must be
requested by Buyer from Seller within thirty (30) days from the original ship date. Buyer agrees to indemnify and hold harmless Seller from any and all losses sustained by Seller as a result of Buyer's return of items delivered to Buyer and Seller pursuant to the terms herein. Items returned pursuant to the foregoing procedure are subject to a minimum restock fee of 25%. Customized and configured built to order goods are considered “non-returnable”. Secondary Market sales to include, but not limited to items categorized as: “new surplus”, “refurbished”, “de-installed” or “used” as well as Customized and built to order goods are considered “non-returnable”. Returned items must be in the original shipping cartons, unopened, undamaged, unused, and unaltered. Equipment received in a condition other than described entitles the Seller the right to refuse return of the items or impose additional charges. All shipments of returned items must be shipped prepaid by Buyer to Seller's warehouse location specified in the Return Authorization and Seller will not accept any COD, freight collect or similar shipments of returned items unless mutually agreed to by Buyer and Seller. Upon receipt of the returned items, Seller will inspect such items for compliance with the foregoing conditions for proper return. A credit for properly returned items will be entered against the original invoice for the ordered items. No Cash refunds will be issued. All Return Authorizations issued are valid for thirty- (30) days after which time the Return Authorization will be cancelled. Returns received without proper authorizations are subject to additional fees or may not be accepted at all. Seller accepts no responsibility for material returned without authorization.
Seller is a reseller of products only, and does not provide any warranty of any kind, either expressed or implied on goods or material sold by Seller, except for any transferable manufacturers' warranties. Manufacturer warranties do not apply to products that have been subject to improper installation, damage, neglect, accident, misuse or any other usage of the product that is not in accordance with the manufacturers specifications or instructions. Seller hereby expressly disclaims all warranties, either express or implied, including all express or implied warranties of merchantability or fitness for a particular purpose. This disclaimer by the Seller in no way affects the terms of any manufacturer's warranty. Seller will assign or otherwise make available to Buyer any warranty which has been assigned by a manufacturer of any item and which Seller has the right to so assign or otherwise make available to Buyer
DISCLAIMER OF LIABILITY
Seller will not be liable for injuries or damage to persons or property resulting from any cause whatsoever, with the exception of injuries or damages caused by the gross negligence of Seller. This limitation applies to all Goods during and after the warranty period.
In no event shall Seller be liable for any damages from loss of use or loss of profits and Seller further disclaims any and all liability for indirect, incidental, special, consequential, or other similar damages.
In the event any remedy fails of its essential purpose, or in any other event, Seller’s aggregate liability shall not exceed the amount actually paid to Seller by Buyer for the affected Goods.
Seller may immediately terminate Buyer's ability, if any, to purchase merchandise on credit or otherwise at any time in Seller's sole discretion. Seller reserves the right to discontinue product lines and to make changes in
products at any time. No supplement, modification or amendment of these terms and conditions will be binding upon Seller unless made in writing and signed by a duly authorized representative of Seller, these terms and conditions being, together with Seller's invoice and the credit application, a final, complete and exclusive statement of the contract of sale. Buyer's rights under this contract may not be assigned or sold by Buyer without Seller's prior written consent. Captions used herein are for convenience only and are not intended to be used in the construction or interpretation hereof. The invalidity or un-enforceability of any provision hereof shall not invalidate any of the remaining provisions.
Date Last Revised: November 1, 2021