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Terms & Conditions

Acceptance of Orders

Acceptance - Buyer's purchase order, acknowledged hereby as an offer of an agreement for the purchase of goods or services, is accepted subject to the following terms and conditions of sale or other such terms and conditions as may be approved in writing by Beaton Industrial Incorporated ("Beaton Industrial"). When a Buyer completes the shopping cart checkout procedure by providing a credit card or purchase order and completing all steps, the Buyer enters into an agreement to purchase, and thereby acknowledges and accepts the following terms & conditions.
 
All payments must be made cash in advance of shipment by way of credit card, business check, tellers check, or wire transfer, unless credit terms have been established prior to shipment, then terms are NET 10 days, unless otherwise noted on the invoice.  All prices shown are F.O.B. the origin shipping point and unless otherwise stated do not include cartage, insurance charges, taxes, impost or other similar charges. 
 
Title; Loss or Damage in Transit - All goods subject to this purchase order will be shipped F.O.B. the closest available shipping point to the destination point, and title to the goods and risk of loss passes to Buyer upon delivery. Freight carrier acts as Buyer's agent, and Buyer shall be responsible for all expenses incurred by Beaton Industrial for the delivery of said goods.  Beaton Industrial shall not be liable for losses, damages or delays occurring in transit. Claims for loss or damage should be made directly to the carrier immediately upon discovery by Buyer. Buyer must write in detail of the damage found on the carrier’s delivery receipt to minimize risk of loss. If the Buyer leaves no comments on the delivery receipt alluding to loss or damage in transit, upon signing the delivery receipt the Buyer shall deemed to have accepted the goods as is, in satisfactory condition, with all quantities accounted for.
 

DAMAGED SHIPMENTS; RISK OF LOSS; STEPS TO MINIMIZE RISK OF LOSS:
Beaton Industrial, Inc makes every attempt to ship materials in a safe manner to minimize the chances of materials being damaged in transit and during distribution center transfers. In the rare case of receiving damaged materials: To minimize the Buyer's risk of loss, the Buyer should thoroughly inspect all items for shipping damage before accepting delivery. If damage has occurred, the Buyer shall note the extent of the damage in detail on the delivery receipt from the driver before signing, and call Beaton Industrial and the carrier immediately. Freight Carriers and Beaton Industrial, Inc. will not accept damage claims if the damage observed during delivery is not noted in detail on the delivery receipt at the time of delivery. Beaton Industrial, Inc.'s responsibility for loss and damage ceases when the products are accepted for shipment by the carrier. If you have any questions regarding damaged goods and/or replacement of materials, please email support@beatonindustrial.com, or call the Internet Sales Freight Department at 800-724-4052 x101.

Shipment Discrepancies
Claims for discrepancies in shipment, such as the quantity of goods received not matching the quantity ordered, must be made within 3 business days of receipt of merchandise or they will not be accepted. Open boxes and check materials before signing the delivery driver’s receipt of delivery. If a quantity discrepancy exists, write the details on the delivery receipt before signing and returning to the driver. Have the driver confirm the shorted materials and make a note on the delivery receipt as well.
 
Delay in Delivery - When a date of delivery is given, Beaton Industrial will make every effort to make shipments as near that date as possible, but Beaton Industrial will assume no responsibility for any loss or inconveniences caused by non-delivery at a specified time.
 
Circumstances Beyond Beaton Industrial’s Control – Beaton Industrial shall not be liable for failure to deliver or for delay in delivery of all or any part of the goods ordered herein by reason of any act of God, war, civil commotion, labor troubles, fire, explosion, windstorm, fire, reduced supply of raw materials, order of any governmental agency, or any cause whatsoever beyond the control of Beaton Industrial which interferes with the production, consumption, or transportation of said goods.
 
Returned Goods - Goods shipped as ordered cannot be returned unless authorized by Beaton Industrial in writing, which authorization will be at Beaton Industrial’s sole discretion.  If returned merchandise is so authorized, the merchandise must be returned freight prepaid by the Buyer and a 25% handling charge will apply. All returns must be in their original packaging, unused, unaltered, and be in like new condition. Please call 800-724-4052 x101 for a Return Authorization number (returns will not be accepted unless accompanied by this number), be sure to write your Return Authorization number on the return shipping label. Materials returned after 30 days from date of shipment will not be accepted. Altered or etched items will not be accepted. Custom ordered products are non-cancelable, and non-returnable. Buyer is responsible for all shipping and freight charges associated with the return of materials.

All orders are inspected prior to shipment. To protect your interests, as described in the above sections titled, “Title; Loss or Damage in Transit”, and, “Damaged Shipments; Risk of Loss”, it is strongly suggested that you check items before accepting delivery. Failure to follow the instructions listed above and within this document will result in the Buyer voluntarily waiving any rights to replacement or refund. 
 
 
Security Interest - As collateral security for the due and punctual payment by Buyer of all amounts payable by it either under this Agreement or on account of any purchase of goods from Beaton Industrial, Inc., Buyer hereby grants to Beaton Industrial, Inc. a purchase money security interest in all goods now purchased or hereafter acquired by Buyer from Beaton Industrial together with the proceeds (including, without limitation, proceeds under insurance policies) thereof, and in all right, title and interest or Buyer in and to all instruments and other documents, whenever arising, covering or relating to such goods, additions and accessions thereto and proceeds and all rights, remedies and claims of Buyer under or with respect to such goods, additions and accessions thereto and proceeds and all rights, remedies and claims of Buyer under or with respect to such documents, whether now existing or hereafter arising. Beaton Industrial, Inc. shall have all the rights, powers, privileges and remedies with respect to such collateral as shall be permitted for a secured party under the Uniform Commercial Code of the State of New York as in effect from time to time. Buyer agrees that Beaton Industrial may execute, file, and refile such documents as Beaton Industrial may reasonably deem necessary or appropriate to carry into effect the purpose of this section or to better assure and confirm to Beaton Industrial its rights, powers and remedies under this Section. Buyer hereby authorizes Beaton Industrial, in its discretion, to file financing statements and similar documents relative to all or any part of the collateral without the signature of Buyer wherever permitted by law and with the signature of Buyer executed by Beaton Industrial’s agent as Buyer's attorney-in-fact wherever permitted by law.
 
Software - If computer software is included with or a component of any of the goods subject to the attached purchase order, such software will be subject to a separate software license agreement, the terms of which the Buyer will agree to prior to using the software.  If there is any conflict between the terms of this agreement or the terms of any software license, the terms of the software license will control.
 
WARRANTY: BEATON INDUSTRIAL, INC. WARRANTS ITS GOODS DELIVERED HEREUNDER TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS WARRANTY SHALL RUN TO BUYER AND/OR ITS CUSTOMERS. THIS WARRANTY SHALL NOT APPLY TO ANY GOODS SOLD HEREUNDER WHICH SHALL HAVE BEEN IMPROPERLY INSTALLED OR SUBJECTED TO MISUSE OR NEGLECT OR WHICH HAS BEEN REPAIRED OR ALTERED EXCEPT BY BEATON INDUSTRIAL’S ACCREDITED REPRESENTATIVE, NOR TO ANY GOODS WHICH HAVE BEEN SUBJECTED TO ACCIDENT.  NO WARRANTY IS GIVEN WITH RESPECT TO ANY APPARATUS, INSTRUMENT, COMPONENT, SOFTWARE OR ACCESSORY NOT MANUFACTURED BY BEATON INDUSTRIAL, OR AS TO ANY GOODS WHICH ARE MANUFACTURED BY BEATON INDUSTRIAL BUT WHICH IS INSTALLED OR OTHERWISE SUBJECTED TO USAGE WITH ANY APPARATUS, INSTRUMENT, COMPONENT, SOFTWARE, OR ACCESSORY NOT MANUFACTURED BY BEATON INDUSTRIAL AND NOT APPROVED IN WRITING BY BEATON INDUSTRIAL AS APPROPRIATE FOR USAGE WITH THE GOODS SOLD THEREUNDER. EXCEPT AS EXPRESSLY STATED HEREINABOVE, IN THIS PARAGRAPH AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR OTHERWISE, BEATON INDUSTRIAL’S GOODS ARE OFFERED AND SOLD AS-IS WHERE-IS, WITH ALL FAULTS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND WHATSOEVER PERTAINING THERETO.
                  LIMITATION OF LIABILITY: BEATON INDUSTRIAL’S LIABILITY WITH RESPECT TO ANY CLAIM OF ANY KIND FOR LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM OR CONCERNING ANY ASPECT OF THE OFFERING AND SALE, BY BEATON INDUSTRIAL OF ANY GOODS OR SERVICES TO BUYER IS EXPRESSLY LIMITED TO WHICHEVER OF THE FOLLOWING MEASURES BEATON INDUSTRIAL, IN ITS SOLE DISCRETION, SHALL DETERMINE TO BE APPROPRIATE:
                                        (A) REPAIR OF DEFECTIVE OR NON-CONFORMING GOODS;
                                        (B) REPLACEMENT OF DEFECTIVE OR NON-CONFORMING GOODS;
                                         (C) REPERFORMANCE OF ANY NON-CONFORMING SERVICES; OR
                                        (D) REFUND OF THE PURCHASE PRICE PAID IN RESPECT OF DEFECTIVE OR NON-CONFORMING GOODS.
BEATON INDUSTRIAL’S LIABILITY AS AFORESAID SHALL BE APPLICABLE ONLY AS REGARDS SUCH DEFECTIVE OR NON-CONFORMING GOODS AS ARE RETURNED TO BEATON INDUSTRIAL WITHIN 30 DAYS OF THE DATE OF SHIPMENT.
THE REMEDIES PROVIDED HEREINABOVE IN THIS PARAGRAPH SHALL CONSTITUTE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM OR CONCERNING ANY ASPECT OF THE OFFER OR SALE BY BEATON INDUSTRIAL OF ITS GOODS OR SERVICES TO BUYER, AND BEATON INDUSTRIAL SHALL NOT UNDER ANY CIRCUMSTANCES (WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE) BE LIABLE TO, AND BUYER SHALL DEFEND, INDEMNIFY AND HOLD BEATON INDUSTRIAL HARMLESS, AS IS PERMITTED BY APPLICABLE LAW, FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EMEMPLARY OR OTHER DAMAGES OF ANY KIND OR MANNER, INCLUDING WITHOUT BEING LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF OR DAMAGE TO PRODUCTS OR EQUIPMENT, COSTS OF CAPITAL OR COST OF SUBSTITUTE FACILITIES OR SERVICES, EVEN IF BEATON INDUSTRIAL SHALL HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE FULLEST EXTENT PERMITTED BY LAW.  IN ADDITION, BEATON INDUSTRIAL SHALL NOT BE LIABLE TO BUYER FOR AND BUYER SHALL DEFEND, INDEMNIFY AND HOLD BEATON INDUSTRIAL HARMLESS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ANY LIABILITY, LOSS, CLAIM, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED OR ALLEGEDLY CAUSED DIRECTLY OR INDIRECTLY BY (A) THE POSSESSION, USE OR PERFORMANCE OF THE GOODS BY BUYER OR BUYER'S EMPLOYEES, AGENTS, AFFILIATES OR CUSTOMERS, AND (B) INJURIES TO PERSONS OCCURRING DUE TO THE ACTS OR NEGLIGENCE OF BUYER AND/OR THIRD PARTIES.
 
Credit Approval
In order to establish a credit line (if requested by Buyer), Buyer hereby authorizes Beaton Industrial to check information submitted by Buyer as well as all other sources available and to answer questions about Buyers credit experience.
Beaton Industrial reserves the right at any time to revoke any credit extended to Buyer because of Buyer's failure to pay for any goods when due or for any other reason deemed good and sufficient by Beaton Industrial and in such event to insist upon (i) immediate payment of any outstanding invoices and (ii) payment prior to shipment of any remaining merchandise.
 
ADDITIONAL TERMS AND CONDITIONS FOR SYSTEMS AND INSTALLATIONS.  The following terms and conditions will apply if Buyer engages Beaton Industrial or any of it’s Sub-Contractors to perform any installation services on Buyer's premises:
                  Construction Area - Buyer will provide Beaton Industrial with a free and clear construction site. All material and/or construction trades not directly connected with the construction shall be removed from the area, and any work performed by Beaton Industrial to clear the construction area will be paid for by the Buyer. Buyer will furnish Beaton Industrial with adequate electrical power to efficiently operate the power tools required for the installation. Beaton Industrial will furnish 100 feet of extension cord per power tool required, and Buyer is to provide the adequate outlets within the 100 feet perimeter. Buyer shall provide Beaton Industrial with water, lighting, heating, sanitary facilities, fire protection equipment, and/or security watch, as may be required, at no expense to Beaton Industrial.
                  Unloading, Spotting, and Storage - Buyer will provide Beaton Industrial with adequate unloading facilities, truck docks, truck dock boards capable of supporting lift truck equipment, and sufficient access to same to insure Beaton Industrial's efficient unloading procedure. Any demurrage charges for rail or truck shipments, or excessive unloading costs, caused by inadequate facilities or Beaton Industrial's access to same, shall be paid in full by the Buyer. Buyer shall provide Beaton Industrial with adequate covered storage area for the component parts of the material supplied immediately adjacent to the construction area. Adequate aisle shall be provided by the Buyer to provide efficient handling of the materials from the unloading or storage areas to the construction site. Should the Buyer elect to unload the material, it shall also spot the material in the construction area as required by Beaton Industrial, and all equipment and labor to spot said material will be furnished by the Buyer at no cost to Beaton Industrial. Should Beaton Industrial be required to unload the material, Beaton Industrial will schedule the arrival of the material, men and equipment.
                  Commencement of Installation at Job Site – Beaton Industrial will not be obligated to commence work at job site until receipt of written notice from Buyer that Buyer's building is ready for use and necessary utilities and equipment are supplied thereto. Installation of machines and other equipment sold by Beaton Industrial, unless otherwise specified, shall be at Buyer's expense.
                  Changes in Work - Should the Buyer order changes in the work, such orders and adjustments shall be made in writing to Beaton Industrial. The contract price shall be adjusted according to the changes in the work specified. In addition, all claims by Beaton Industrial for any extra work will be made in writing before the execution of the work.
                  Cleaning Up – Beaton Industrial shall keep the premises clean from accumulation of waste material directly resulting from Beaton Industrial's work or Sub-Contractor's work, and at the completion of the work, shall leave the premises broom clean. Removal of all rubbish, implements and surplus material from the premises is at Buyer's expense.
                  Inspection of Work – Beaton Industrial shall permit and facilitate inspection of the work by Buyer, its agents, and/or public authorities during normal business hours.
                  Floors - Buyer is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed. Buyer shall pay for all material and labor required to shim the proposed installation due to an uneven floor surface in excess of plus or minus 1/4" elevation variation over the entire floor area. Any costs incurred by Beaton Industrial for drilling anchor holes as a result of interference with reinforcing rods, mesh or other materials or due to hard to tough anchor receiving materials shall be paid by the Buyer.
                  Surveys, Permits, and Regulations - Buyer shall procure and pay for all permits and/or inspections required by any government authority for any part of the work by Beaton Industrial.  Buyer shall also furnish any bonds or security deposits as required by Beaton Industrial to permit the performance of the work.
                  Performance of Work - With respect to Beaton Industrial's performance, if either before or after Beaton Industrial's work has commenced it is discovered that any of the conditions specified above do not prevail, then the erection crew foreman may, in his discretion and at the Buyer's expense, have the crew perform such work as may be necessary or appropriate in order that the specified conditions may be brought about, or may delay the beginning of the work, or if already begun, may discontinue the work and if he considers it impracticable to keep the erection crew on the site, may have the crew depart from the site.   All extra costs incurred by Beaton Industrial as a result of the non-existence of any one or more of the conditions mentioned above, including the work done by the erection crew in correcting any of said conditions, and the costs incurred by reason of the crew's leaving the site and later returning to the site when the required conditions prevail, shall be paid by the Buyer. All material and equipment for testing the installation shall be provided at Buyer's expense. At the time when Beaton Industrial states to the Buyer that the work is complete, the Buyer will inspect the work, and if the work is in conformity with the terms and provisions of the proposal, the Buyer shall accept the same and deliver to Beaton Industrial a signed statement of acceptance. If the Buyer refuses to sign such a statement, then the Buyer shall immediately inform Beaton Industrial in writing of the reasons for such refusal. If the Buyer fails to so notify Beaton Industrial within 24 hours, or if the Buyer fails to make such inspection within 24 hours, the work shall be conclusively deemed to have been accepted by the Buyer.
                  Overtime - any fixed quote overestimate made by Beaton Industrial is based on a normal eight hour working day and no provision has been made for overtime or shift premium pay. Should the Buyer request overtime or shift work, such request shall be made in writing to Beaton Industrial. Buyer will reimburse Beaton Industrial for any premium pay plus applicable federal and state payroll taxes, compensation and liability insurance premiums, union fringe benefits if applicable and supervisory premiums resulting from overtime or shift work requested plus reasonable profit.
 
CONDITIONS OF SALE
                  This Agreement constitutes the entire agreement between Beaton Industrial and Buyer with respect to the subject matter and supersedes any and all prior or contemporaneous understandings or agreements relating thereto, whether written or oral.  No manager, officer, employee, representative, agent, or affiliate of Beaton Industrial has the authority to modify this Agreement orally, or make any other oral agreement, on behalf of Beaton Industrial.
                  Consent To New York Law, Jurisdiction And Venue; Waiver of Jury Trial - Buyer agrees that this Agreement has been negotiated within Oneida County, New York and finally executed within Oneida County, New York, and that, accordingly, suit by either of the parties pursuant to this sale shall be governed by, and construed in accordance with the laws of the State of New York, and Buyer agrees that the venue for any such litigation shall be Oneida County District Court, Oneida County, New York.  BUYER DOES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR WITH RESPECT TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
                  Remedies – Beaton Industrial may exercise any right or remedy available to it by law or by agreement, and may recover legal fees and other expenses incurred by reason of Buyer's default under this Agreement or the exercise of any remedy hereunder, including expenses related to the repossession, repair, storage, transportation, and disposition of the goods.
                  Charges of interest to past due accounts - Buyer agrees to pay interest of 18% annually, or the highest rate allowed by applicable law if less, on late accounts that are more than 30 days past due.
                  Cancellations - Orders are not subject to cancellation, except with Beaton Industrial consent, and upon terms and conditions that will indemnify Beaton Industrial against all loss.
                  Errors -  Beaton Industrial and Buyer agree that any clerical and stenographic errors in any purchase order or similar writing which are established by clear and convincing evidence to incorrectly reflect the agreement of the parties are subject to correction.
                  Taxes - When placing an order Buyer agrees to remit any "use" tax to the state in which it applies unless exempt.
                  Legal Construction - In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this document shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  This Agreement has been jointly drafted by the parties and may not be construed against any party on the basis that the party was the draftsperson.
                  Binding Effect - The terms and conditions shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns, including, but not limited to, any third party transferee that purchases from either Beaton Industrial or the Buyer substantially all of the assets of either Beaton Industrial or the Buyer's company. 
 
BEATON is a trademark of Beaton Industrial Incorporated.
 
Although every attempt has been made to ensure the accuracy of the information provided hereinafter, Beaton Industrial, Inc. cannot be held responsible for typographical or printing errors. Information and specifications are subject to change without notice.


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