Terms & Conditions
TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale ("Terms and Conditions") shall apply to all sales made by Quinn Safety Supply L.L.C., its subsidiaries, and its affiliates (collectively, "Supplier") to a buyer of Supplier's goods and/or services ("Purchaser"). Unless otherwise agreed, every agreement or undertaking by Supplier is conditioned on Purchaser's assent to these Terms and Conditions.
PURCHASE ORDER ACCEPTANCE AND ACKNOWLEDGMENT
A quotation or tender addressed to Purchaser from Supplier does not constitute an offer to sell. No contract shall arise until: (1) Purchaser submits an order to Supplier for goods and/or services (“Purchase Order”), and (2) Supplier issues a written acknowledgment of the Purchase Order to Purchaser (“Order acknowledgement”). Supplier’s issuance of an Order Acknowledgment is conditional upon: (1) Purchaser’s assent to any and all terms contained in the Order Acknowledgment that are in addition to, or different from, any terms on the Purchase Order, and (2) Purchaser’s assent that the terms contained in the Order Acknowledgment constitute the sole and exclusive agreement between Supplier and Purchaser as to the sale. Purchaser’s full assent shall be deemed given unless Purchaser notifies Supplier in writing of Purchaser’s objection to specific terms within five (5) days after Supplier’s issuance of the Order Acknowledgment. A Purchase Order with additional or different terms does not supersede, or constitute objection to, specific terms of the Order Acknowledgment. Supplier’s performance under the Order Acknowledgment does not constitute Supplier’s acceptance of provisions of any Purchase Order that are different from, or additional to, the terms of the Order Acknowledgment. Such different or additional provisions are hereby expressly rejected by Supplier and are void. Quinn Safety Supply is not obliged to accept, and may refuse, any Purchase Order that does not meet a minimum order value of $600. Custom products are excluded from the minimum order threshold.
PRICE AND DELIVERY
Unless otherwise agreed, price and delivery terms are F.O.B. site of shipment, as defined in Incoterms 2020, and do not include insurance, sales, use, or other taxes, or any export package costs, transportation, freight handling charges, export/import license fees, customs duties or the like, all of which shall be paid by Purchaser, who shall indemnify Supplier against all claims and liabilities therefore. Unless otherwise agreed, delivery dates are estimates only. Supplier shall not be liable for any damages, consequential or otherwise, resulting from a failure to deliver goods by a particular date.
PROMOTIONAL OFFERS
Promotions offered by email or through Supplier websites are governed by the terms provided in the promotion. Any person or entity accepting the benefits of a promotion (e.g., discounted price or rebate, gift, free or discounted shipping or freight, or other promotional benefits), accepts all terms stated in the promotion, and warrants they are not violating their company policy or applicable law by receiving benefits of the promotion. Unless explicitly stated, no third party or manufacturer of goods is a sponsor of any promotion offered through Supplier, its subsidiaries, or its affiliates.
PAYMENT AND SECURITY INTEREST
Payment Terms. Unless otherwise agreed, all payments are due thirty (30) days from date of invoice for customers with satisfactory credit. In the event full payment is not received by the due date, interest will accrue at the rate of one and a half percent (1.5%) on the unpaid portion of the invoice for each period of thirty (30) days from the due date. Purchaser shall be liable for Supplier's costs associated with collection of any amounts past due, including reasonable attorneys' fees and court costs. Supplier retains title in delivered goods until Purchaser has paid for them in full, including charges and interest.
Securing Payment. In the event Purchaser becomes insolvent or Supplier in good faith requires security for payment, Supplier may: (1) cancel outstanding Purchase Orders; (2) revoke extension of credit to Purchaser; (3) reduce unpaid Purchaser debt by perfecting and enforcing a security interest in goods (and proceeds therefrom) furnished by Supplier to Purchaser; and (4) take any other permissible means necessary or desirable to fully secure Supplier about Purchaser's payment for goods furnished or to be furnished by Supplier.
ACCEPTANCE, RETURNS, AND CANCELLATIONS
Product Acceptance and Returns. In absence of written notice sent to Supplier after Purchaser's inspection of delivered goods providing full particulars of any deficiency in the quality or quantity of the goods, Purchaser shall be conclusively deemed to have inspected and accepted the goods within forty-five (45) days after receipt. Return claims due to Supplier shipping or billing error, if made within thirty (30) days of the invoice date, will be corrected at no cost to the Purchaser. Unless otherwise agreed, only authorized distributors of bulk stock products may return inventory in original unopened, salable, condition for up to twelve (12) months following the initial date of purchase. All non-warranty returns of stock purchases are subject to a restocking fee equal to fifteen percent (15%) of the total value of the return. Authorization for all returns of products must be obtained from the Supplier Customer Service Department prior to the return (“Qualified Returns”). No returns will be accepted without proper authorization. Supplier will not accept returns of custom products and special orders made to Purchaser’s specific specifications.
Qualified Returns. The following conditions apply to all Qualified Returns. (1) All returned products must be in salable condition, unused, and in the unopened package or carton in which originally purchased. (2) Custom products and discontinued products are not eligible for return. (3) Credit will be issued at Supplier’s original published suggested list price, less any applicable discounts or credits. (4) All returns must be shipped freight prepaid by Purchaser. (5) Returns are valid for 90 days from the return authorization date. Supplier reserves rights to: (1) return to Purchaser at Purchaser’s cost returned product which in Supplier’s sole discretion does not meet acceptable physical condition standards; and (2) request proof of purchase for returned products.
Change of Purchase Order. In the event Purchaser desires to cancel, modify, or suspend an order, Supplier may accept such request in its sole discretion. Supplier will only accept Purchaser’s request on terms that fully indemnify Supplier against its losses (including recovery of direct costs, indirect costs, and normal overhead charges) incurred due to the cancellation, modification, or suspension.