TERMS & CONDITIONS OF SALE
TERMS
- Open Account-Credit will only be extended to firms having the appropriate credit references establishing an acceptable payment history. Bonstone requires a minimum of three (3) trade references, in addition to one (1) bank reference. Our normal terms are net 30. An appropriate line of credit is established at time of credit approval. Bonstone has the right to raise or lower this credit limit and to revert an account back to prepaid status at any time. Invoices are processed upon shipment for materials and shipping.
- Prepaid -Customer may send a company or cashier’s check for cost of materials and shipping before order is processed. Once check is received and cleared, order will be processed.
- Credit card -Once a credit authorization from Mastercard, Visa, Discover, or American Express is obtained for price of materials plus shipping, order will be processed and shipped.
FINANCE CHARGES
Accounts past 30 days are subject to a 1.5% monthly (18%annual) finance charge. Customer agrees to pay all finance charges that accrue. Finance charges will appear on a statement generated at month-end.
CLAIMS
Buyer is responsible for submission of all claims.
SHIPPING
Orders are shipped F.O.B. Mukwonago, WI in most instances by United Parcel Service, unless another means of transportation is requested. Shipping is added at time of invoice. If a shipment requires transporting by truck, Bonstone will choose the appropriate truck line, unless customer specifies a particular company; freight will be collect to customer.
DAMAGES
The carrier assumes responsibility for its safe delivery upon acceptance of the shipment. Claims for loss or damage sustained in transit must be made with the carrier as follows:
Visible Loss or Damage:
Any external evidence of loss or damage must be noted on the freight bill or express receipt and signed by the carrier’s agent. Failure to describe such external evidence of loss or damage may result in the carrier refusing to honor a claim. The carrier will supply the form required to submit the claim.
Concealed Loss or Damage:
Loss or damage may not be apparent until the item has been unpacked. When damage or loss is discovered, a written request for inspection by the carrier’s agent should be submitted within 15 days of the delivery date. A claim should then be filed with the carrier as such damage or loss is the carrier’s responsibility.
RETURNS
Bonstone warrants the replacement of defective material. Please notify us so an authorization can be made to return the material and so the appropriate material may be reissued. There are no returns on custom orders. Bonstone reserves the right to issue a restock fee up to 25% of the original purchase price of the material returned. Buyer is responsible for shipping costs associated with returning material to Bonstone.
CUSTOM ORDERS
Bonstone warrants that it will use its best efforts to customize orders, if applicable, but does not warrant exactness of any color matches, viscosity modifications, etc. There are no returns on custom orders.
WARRANTY
Bonstone makes no warranty of any kind, express or implied, except that the goods sold under this agreement shall be of standard quality of seller, and buyer assumes all risk and liability resulting from the use of the goods, whether used singly or in combination with other goods. Seller neither assumes nor authorizes any person to assume for seller any other liability in connection with the sale or use of the goods sold and there are no oral agreements or warranties collateral to or affecting this agreement. Should any failure to conform to this warranty appear within 30 days after receipt of the goods by buyer, seller shall, on notification, correct such non-conformity, by making available F.O.B. seller’s plant, replacement goods. This warranty is in lieu of all warranties of merchantability, fitness for purpose or other warranties, express or implied. Correction of noncomformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of seller to buyer, whether based on contract, negligence, or otherwise with respect to, or arising out of such product. Seller shall not be liable for special, indirect, or consequential damage. The remedies set forth in this instrument are exclusive, and the liability of seller with respect to any contract or sale or anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not exceed the cost of replacement for the goods on which such liability is based.
PRICING
Bonstone has the right to increase prices at any time.
SALES TAX
The appropriate sales tax will be added to any customer which resides in a state in which Bonstone pays sales tax. A manufacturer’s tax exemption/resale certificate will be required for customers having a tax-exemption or resale status. Certificate must be presented at time of order. Customer will be charged tax until certificate is presented.
WAIVER
The waiver by either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of the same or any other provision constitute a waiver of the provision itself. The remedies herein shall be cumulative and in addition to any other remedies provided by law or equity.
INTERPRETATION
These terms and conditions shall be considered as executed in and shall be construed in accordance with the laws of the State of Wisconsin. For the purpose of these terms and conditions, buyer is a ”merchant” within the meaning of that term under the Uniform Commercial Code.
VERBAL UNDERSTANDING
It is understood there is no verbal understanding or agreement between Bonstone and Buyer altering the conditions stated in these terms and conditions.