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BASIS OF THE
Contracts and
orders are accepted only subject to Danko Emergency Equipment Conditions of
Sale as set out herein and the Buyer shall be bound by such conditions. No
modification or variation of these Conditions or the particulars shall be
binding unless expressly accepted in writing. Unless so agreed any
qualification thereof or terms stipulated in the Buyer's own order forms shall
be inapplicable.
Any advice or
recommendation given by Danko Emergency Equipment or its employees or agents to
the Buyer or its employees or agents as to the storage, application or use of
the goods which is not confirmed in writing is followed or acted on entirely at
the Buyer's own risk, and accordingly shall not be liable for any such advice
or recommendation which is not so confirmed.
Any typographical,
clerical or other error or omission in any sales literature, quotation, price
list, invoice or other document or information issued by Danko Emergency
Equipment shall be subject to correction without any liability.
ORDERS
We will gladly accept special orders
for products from manufacturers we represent, but which are not
currently carried in our inventory. Special orders must be prepaid unless the
Buyer has an established line of credit with Danko Emergency Equipment. Special
orders are not returnable or cancelable unless agreed upon from the manufacture.
No
order which has been accepted may be cancelled by the Buyer except with the
agreement of Danko Emergency Equipment and on terms that the Buyer shall
indemnify in full against all loss (including loss of profit), costs (including
the cost of all labor and materials used), damages, charges and expenses
incurred as a result of cancellation.
The
Buyer confirms that he relies on his own skill and judgment in determining the
suitability of the goods ordered for any particular purpose. Danko Emergency
Equipment gives no warranties as to the suitability of its goods for any
particular purpose. Unless agreed by in Writing, the Buyer is solely
responsible for ensuring suitability of the goods for his purposes.
Due to
cost of handling, no order will be billed for less than $25.00 (before shipping
and tax). Orders of $25.00 or less will be accepted only if paid for upon
delivery.
Any order to be
delivered to the Buyer on credit is subject to the prior approval from Danko
Emergency Equipments credit department.
Danko Emergency
Equipment carries an multitude of items that are not carried in it stock. In
general these special order items are not returnable. Danko Emergency Equipment
will negotiate with the manufacture for return and if accepted any charges
passed on by the Manufacture will be accessed to the buyer.
PRICES
Prices quoted refer to the stipulated
quantities only and will not necessarily hold good for other quantities.
Danko Emergency Equipment reserves the right
to alter the quoted prices of all or any of the goods at any time without
notice in the event of any variation in costs incurred after acceptance of the
Buyer's order. Orders are accepted at the prices current at the time of
acceptance and on the understanding that they may be invoiced at prices ruling
on the date of processing irrespective of prices previously quoted. The quoted
price is also subject to adjustment if any changes are made by the Buyer in the
specification or quantities of the goods or delivery requirements.
SHIPPING & HANDLING
Delivery shall be
F.O.B. Snyder,
SALES TAX
All
prices and quotations exclude Local, State, and Federal sales and excise taxes.
TERMS & PAYMENT
We accept
Visa and Master Card for all types of orders (internet, phone, fax, mail).
Open
account terms may be extended to business or government agencies pending credit
application and approval. Upon submission of your order, Danko Emergency
Equipment will verify your account information prior to processing the order. Unless otherwise specified all delivered and or completed
orders shall be paid within 30 days from the date of the relevant invoice has
been issued.
Failure to make payment at the due date shall entitle
Danko Emergency Equipment to suspend deliveries until payment is made or to
cancel the order and or any pending orders. If there is any delay in making
payment Danko Emergency Equipment shall be entitled to interest charged on
the unpaid balance of the invoice at the rate of 1-1/2% per month. Said
interest shall be charged beginning the first day following due date of invoice.
We
encourage new business customers placing their first order to forward their
Open Account Information Form, or make payment with check or credit card in
advance. This can help with any shipping delays that may occur during the
credit review process.
New
accounts who have not previously done business with us can are required to fax
us your State Tax Exempt Certificate. Please fax your certificate to
402-568-2212.
All
individual orders must be accompanied by full payment (check, money order or
credit card).
DELIVERY
Any delivery not in
dispute shall be paid for regardless of other controversies relating to other
deliveries or undelivered material.
Unless otherwise agreed the goods shall be delivered in
the manufacturer's standard packing. Special packaging specifications to meet
the Buyer's requirements must be referred to Danko Emergency Equipment for
review and acceptance. Danko Emergency Equipment shall make a charge for this.
Orders
being delivered in the Continental United States will ship via standard UPS
Ground. Merchandise weighing in excess of 70 lbs. or with an overall package
size 108” (length/girth) will be sent motor freight at an additional
charge.
Danko Emergency
Equipment performance is at all time subject to change or cancellation due to
causes beyond control, including but not limited to fires, strikes, accidents,
catastrophes, acts of God, war conditions, shortages of labor, material or
means of transportation, governmental order and Regulations, legal
interferences or prohibitions, embargoes, defaults on the part of suppliers,
and any other events or conditions which shall make performance difficult or
impossible.
Danko Emergency
Equipment will make a good faith effort to perform and make delivery at the
time estimated, but because of the nature of work notice is hereby given to the
Buyer that no liability shall attach or accrue to Danko Emergency Equipment for
late performance or delivery.
If Buyer claims any
discrepancy in count or weight, Buyer must notify Danko Emergency Equipment,
within seven (7) calendar days after its receipt or shipment.
In the event you receive a damaged
or short shipment, you must immediately file a claim with the carrier. Under
ICC regulations this claim is the Buyer’s responsibility. Please contact our
customer service department 1-800-568-2200 or info@danko.net for
assistance.
RETURNS
When
returning any part of your order, please contact our customer service
department first at
866-568-2200 and have available your Danko order number and the specifics of
your situation. Carefully repackage the merchandise using the original packing
material if possible, to prevent damage in transit. All items that are returned
should be in the same condition as when delivered. Packages can be sent to:
Danko
Emergency Equipment
Attn:
Returns Department
Please insure it for full value and keep all your postal and
insurance receipts.
A 25% restocking fee is charged to any product returned or
refused for reasons other than defective craftsmanship. This restocking fee
will be waived if exchanging a normal stocking item for an additional item of
equal or more value. This exchange must be done within 14 days of original
purchase. Purchase or return shipping and handling cannot be credited or
refunded.
Special orders are items not normally held in our normal
inventory, are out of stock, or discontinued items. These items can be returned
for a 35% restocking fee. Purchase or return shipping and handling cannot be
credited or refunded.
Custom made items (Badges, Lettering, Certain Clothing, etc.) are not
returnable unless the error was clearly ours.
REPAIRS
Products returned for
repair do not need prior authorization. Please ship all repairs to:
Danko
Emergency Equipment
Attn:
Repair Department
If you have any questions, please feel free to call Customer Service at
1-866-568-2200
WARRANTY AND LIABILITY
All products are subject to the individual manufactures
warranty only.
No statement or claim about the product by any employee,
affiliate, agent, representative or dealer of Danko Emergency Equipment shall
constitute a warranty or give rise to any liability or obligation of Danko
Emergency Equipment and its affiliates.
Where a claim in respect of any of the goods which is
based on defect in the quality or condition of the goods or their failure to
meet specification is notified to the Seller in accordance with these
Conditions and the Seller has accepted such claim following an investigation by
the Seller, the Seller may replace the goods (or the part in question) free of
charge or, at the Seller's sole discretion, refund to the Buyer the price of
the goods (or a proportionate part of the price), in which case the Seller
shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by
the Seller's negligence, or liability for defective products under the Consumer
Protection Act 1987, the Seller shall not be liable to the Buyer by reason of
any representation (unless fraudulent), or any implied warranty, condition or
other term, or any duty at common law, or under the express terms of the
Contract, for loss of profit or for any indirect, special or consequential loss
or damage, costs, expenses or other claims for compensation whatsoever (whether
caused by the negligence of the Seller, its employees or agents or otherwise)
which arise out of or in connection with the supply of the goods (including any
delay in supplying or any failure to supply the goods in accordance with the
Contract or at all) or their use or resale by the Buyer, and the entire
liability of the Seller under or in connection with the Contract shall not
exceed the price of the goods, except as expressly provided in these
Conditions.
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