AGREEMENT: By entering an order or requesting a quote from Industrial Automation Supply, Inc. (IAS) via the internet at shop.iasinc.com, you agree to the following terms & conditions of sale:
PRICES AND TAXES:
All prices quoted are in U.S. dollars effective as of the date of quotation and are subject to change. Prices shall be established by IAS at its sole discretion. Quoted prices do not include sales, use or other value added taxes, unless otherwise specified, and are the sole responsibility of the buyer. Quotations that include labor or service charges must specify the standard hours included in the quoted price. Additional labor costs hours incurred above the stated standard will be billed at standard hourly rates. Verbal quotations, unless accepted, expire the same day they are made. IAS is not responsible for typographical or clerical errors made in any quotation or order. All such errors shall be subject to correction. Additions and/or changes made by the Buyer, upon acceptance by IAS may result in additional charges to the Buyer.
WARRANTY, DISCLAIMER AND EXCLUSIONS:
IAS assigns to the Buyer all rights and remedies, if any, under any express and implied warranties of the manufacturer of the goods. IAS, Inc. makes no other warranties, express or implied and DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND ALSO DISCLAIMS ANY LIABILITY BASED UPON NEGLIGENCE OR STRICT LIABILITY IN TORT. IN NO EVENT SHALL IAS BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES NOR FOR INDEMNITY OR CONTRIBUTION FOR DAMAGES SUFFERED BY THIRD PARTIES. This limitation of remedies applies to claims based upon warranty, tort or other legal theory.
LIMITATION OF LIABILITY:
IAS's liability for any claim shall be limited to an amount equal to the amount of monies actually received by IAS for the goods which give particular rise to the claim. These limitations of liability apply to all claims, including without limitation, those based upon contract, warranty, tort (including negligence), and strict liability. IAS will not be liable to Buyer or anyone for any special, indirect, incidental or consequential damages or expenses of any kind arising out of or in connection with this agreement or due to the Buyers sale, handling or use of the goods or services sold hereunder.
If performance is made commercially impractical or impossible, or delays result because of the occurrence of a contingency beyond the reasonable control of IAS, our quotation, and any contract deriving here from, shall be voidable upon IAS's notice to the Buyer. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of such delay.
PAYMENT AND SECURITY INTEREST:
If you are a credit card customer, you agree to pay at the time of purchase the cost of material, and any shipping and handling charges and taxes. If you are an IAS account holder the following provisions apply: IAS may invoice items separately. Payment is due in U.S. currency, 30 days from the date of invoice. Any specified cash discounts must be authorized in advance. Invoices are net thereafter and become past due on the 31st day subsequent to the invoice date. A late payment charge may be assessed on amounts past due at a rate to be determined by IAS, which shall not exceed the maximum rate permitted by law. Buyer shall be liable for all expenses, including attorney fees, relating to the collection of past due amounts. To secure payment of sums due, IAS may require the Buyer to grant to IAS a purchase money security interest in the goods purchased and in the proceeds thereof. At IAS's request, the buyer shall sign financing statements and other documents necessary to perfect and continue the security interest. If IAS in its sole judgment questions the Buyer's ability to pay for the goods, IAS may, at any time, require payment in full in advance of delivery or manufacture of the goods. Failure to adhere to our terms may result in a shipping hold on all orders and/or a reduction in the amount of credit the Company will extend. All payments are to be made to:
Industrial Automation Supply, Inc. 75 Industrial Way, Portland, ME 04103
Payments should include a remittance advice designating the invoices and other charges being paid.