Purchase Terms & Conditions
Sales Terms and Conditions
1.
THE PARTIES
1.1
Amron International, Inc. located at Vista, California USA is the Seller. The party referred on the document attached hereto, to whom the goods and or services are sold to, is the Purchaser.
2.
SHIPPING
TERMS
2.1 Unless otherwise specified, all orders are shipped Incoterms® FCA (Free Carrier) at Vista, California USA. Transfer of ownership and risk of loss occurs when goods are loaded on to the Purchaser’s specified carrier or when goods are at the Purchaser’s disposal and ready for unloading at a named place. For more information on Incoterms®, go to https://www.trade.gov/know-your-incoterms
2.2
The Seller is responsible for obtaining export
licenses or other necessary government authorization when directly exporting
goods abroad to the Purchaser or to the Purchaser’s freight agent. The International Purchaser is required to fill out required U.S. Government Export Documents supplied by the Seller upon
request. The Purchaser is responsible for obtaining import licenses or other necessary
authorization required for importing goods within their country or location.
2.3
The Purchaser is responsible for the
cost of shipping-carrier charges; customs fees; import duties; federal, state, local
sales tax, use tax, or other regulatory fees related to the sale and return of
products purchased, unless otherwise waived by the Seller.
2.4
Items will be packed carefully using standard
commercial packaging, unless otherwise specified.
2.5
Amron’s primary objective is to ship
orders on time. Unfortunately, shipment dates
and corresponding delivery dates are approximate and cannot be guaranteed. The Seller will not be held liable for any
damage or loss incurred by the Purchaser if goods are not delivered by the
estimated shipping dates.
2.6
Unless explicitly requested by the
Purchaser, the Seller will insure the shipment at the full order value.
3.
RETURN
POLICY
3.1
DAMAGED SHIPMENTS
3.1.1 It is critical that shipments are inspected
immediately upon receipt to verify that all items have arrived in
good condition. If received with any damage, please take digital photos, save
the packing material and shipping carton and notify Amron immediately. All
products, packaging, padding, and paperwork must be retained to ensure a proper
investigation for damaged shipment claims. If the original packaging, padding
and paperwork are not retained, the Purchaser will assume full responsibility
for damages.
3.1.2 All
claims for damaged goods or shortages must be made with the carrier within
seven days of occurrence. Therefore,
if your shipment was insured by Amron, you will need to notify us immediately
concerning damaged equipment, packages or mis-shipments.
3.1.3 Do not return damaged or broken
merchandise to Amron without a return authorization number and shipping
instructions.
3.2
RETURNS AND EXCHANGES
3.2.1 All
items listed on sales documents as “Non-Cancelable/Non-Returnable” are final
and will not be accepted for return.
3.2.2 The Purchaser needs to obtain a Return
Material Request (RMR) number from Amron International. Eligible products that are not
listed as as “Non-Cancelable/Non-Returnable” must be returned in
original containers and packaging, unused and in brand-new sellable condition
within thirty (30) calendar days of delivery.
3.2.3 RMR numbers must be shown on paperwork
and outer containers, otherwise they will not be accepted. The Purchaser is to insure the return
shipment at full invoice value. If the
item is lost or damaged and not recoverable as new and sellable, the Purchaser
will assume full responsibility for the original invoice value due to Amron
International, if unpaid. In circumstances
where a product is being exchanged, the Purchaser is responsible for the above
listed costs both ways.
3.2.4 Returned
or refused shipments will carry a minimum restocking fee of 25%, plus incurred
freight, duties, storage costs and other related costs. Refused Non-cancelable/Non-returnable items
will incur a 100% restocking fee.
4.
PAYMENT
TERMS
4.1
NEW CUSTOMERS
4.1.1 Unless credit terms have been
established, orders from new, end-user customers require prepayment with order.
4.1.2 New Resellers, Dealers and Original
Equipment Manufacturers (OEM’s) will require prepayment in the form of wire
transfer, ACH, or company check. Credit
card payments will not be accepted for resellers and OEM’s, unless special
authorization has been granted.
4.2
ESTABLISHING CREDIT TERMS
4.2.1 Customers interested in establishing
credit terms with Amron International, should submit a completed signed Amron
Credit Application. Please note that
orders may be delayed during the credit-verification process and there is no
guarantee that credit terms will be approved.
4.2.2 Orders are accepted for open-account
billing to well-rated companies, government agencies and municipalities with
pre-approved credit terms. Orders shipped on standard open account credit terms
are due within 30 days after date of invoice/shipment.
4.2.3 In the event the Purchaser fails to
fulfill payment terms or there is doubt as to the Purchaser’s financial viability
at any time, Amron reserves the right to revoke open account credit terms.
4.3
NON-CANCELABLE, NON-RETURNABLE ITEMS
4.3.1 At the time of order, Seller requires a
signed acknowledgment by the Purchaser and a deposit in the amount equal to the
negotiated pre-payment for all items listed as “Non-Cancelable/Non-Returnable”.
4.4
PAYMENT METHODS
4.4.1 Bank
Wires– All payments made via wire transfer must be made in
U.S. Dollars. Fees associated with wire transfers must be paid by the Purchaser. Call or email Amron to obtain bank account
information. *Please do not use the
online payment bank account number for wires.
4.4.2 Online
Payments– ACH (US Only)- Amron only accepts online ACH
payments within the United States.
Submit payment to JP Morgan Chase, 6988 El Camino Real, Carlsbad, California 92009, USA. Bank Account*: 962333800, Routing/ABA:
322271627. *This account number cannot
be used for wires.
4.4.3 Credit
Cards– Amron accepts credit card payment by MasterCard,
Visa, American Express, Discover and PayPal.
4.4.4 Checks– Amron prefers
the safety and efficiencies of electronic payments, but will accept company
checks. Amron will only accept personal
checks for prepayments only. Personal and
business prepayments by check are deposited and the funds will be held until
the checks have cleared the bank, which can take up to 10 business days. Mail checks to Amron International, Inc. at
1380 Aspen Way, Vista, California 92081-8349 USA
4.5
PAST-DUE ACCOUNTS, RETURNED CHECKS
4.5.1 Past due accounts are subject to a
service charge of 1.5% per month (18% per annum), plus attorney fees and cost
of collection. There will be a $35.00
handling charge on all non-sufficient-funds checks. Account-standing may be jeopardized without
extenuating circumstances.
5.
WARRANTIES
AND CERTIFICATES
5.1
AMRON INTERNATIONAL PRODUCTS
5.1.1 Amron warrants that its manufactured
products are free from defects in material and workmanship under normal use and
service, as described in all literature covering the products for periods
specified in Amron’s documentation.
Amron’s obligations under this warranty are limited to the repair of, or
replacement of materials at Amron’s discretion.
This warranty shall not cover defects which are the result of misuse, inadequate
maintenance, negligence, accident, repair or alterations.
5.2
OTHER MANUFACTURER’S PRODUCTS
5.2.1 For products not manufactured by Amron International, the manufacturer’s warranty is extended to the Purchaser. Seller expressly limits its guarantees and warranties to those extended and allowed by the manufacturing company. If you need a copy of the manufacturer’s warranty for a product purchased from Amron International, please contact your Account Manager or visit the manufacturer’s website for more information. In some cases, you may be able to access the warranty information from the product detail page on www.amronintl.com. Seller will, at its option, either replace the goods sold or refund the purchase price should a product defect be brought to our attention.
5.3
CERTIFICATES
5.3.1
Manufacturers’ Test Certificates,
Certificates of Conformance, etc. must be requested at time of order. Certificates requested after the order has
been processed may not be available or may be subject to additional fees.
6.
LIMITATION
OF LIABILITY
In no event, shall the Seller be liable to the
Purchaser or any third party for any incidental or consequential damages
including without limitation personal injury—including death— injury to
property, indirect, special, punitive, or exemplary damages for loss of
business, loss of profits, damages for loss or corruption of data or
cyberattacks, loss of goodwill or business reputation, or business interruption
arising out of or connected in any way to the goods or for any claim by any
third-party, even if Seller has been advised of the possibility of such
damages. The total liability of Seller
to Purchaser for all damages, losses, and causes of action, if any, whether in
contract, tort, including negligence, or otherwise, shall not exceed the total
purchase price paid by the Purchaser to Seller for the goods. No action, regardless of form, relating to
this contract, may be brought more than 2 years after a claim arose.
7.
CORPORATE
INFORMATION
DUNS: 08-600-3852 SAM
Registered Current GSA Contracts: GS-07F-9232S
Cage Code: 6S753 Woman-Owned
Small Business GS-03F-0089T
GS-21F-0219W
SLS-POL-005 REV 9.0 RELEASED SEPTEMBER 14, 2021
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THE PARTIES
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It is Amron International, Inc.'s (Amron's) policy to purchase from those suppliers who consistently meet Amron's requirements for quality, delivery, and reliability. Corrective action for product and systems issues may be requested of the supplier. The supplier's failure to respond in a timely or effective manner may result in their removal from Amron's Approved Supplier List.
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ACCEPTANCE
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Please acknowledge order within two (2) business days to the Buyer’s direct email address listed on the Purchase Order.
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Unless otherwise stated in writing, the Supplier agrees to all pricing, delivery, payment terms and other requirements outlined in the Purchase Order and agrees to perform the same.
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Extra fees for import duties, packing, crating or other extraneous charges will not be accepted unless previously agreed to in writing.
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By accepting this Purchase Order, the Supplier agrees to the terms and conditions contained herein.
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PERFORMANCE SCHEDULE
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The Supplier shall notify Amron International within two (2) business days after receiving the Purchase Order if unable to meet pricing or scheduled delivery date(s).
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Supplier should not deliver item(s) in advance of Requested Receipt Date(s) without prior written approval from the Buyer.
- If delivery is extended beyond the original agreed-upon dates, the Supplier is to contact Amron immediately.
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SHIPPING
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Unless otherwise specified on the Purchase Order, articles are to be packed and packaged in accordance with best practices and transportation regulations to ensure safe arrival via the most economical method. Amron requests that all shipments are insured at the full order value.
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An itemized packing list must accompany all shipments. Please list Amron’s Purchase Order number on packing lists and invoices.
- Please provide our Buyer with tracking information as soon as it is known.
- Email invoices (PDF format) to accountspayable@amronintl.com
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QUALITY CLAUSES
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It is Amron International’s policy to purchase from approved suppliers who consistently meet Amron’s requirements for quality, delivery and reliability.
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Quality Clause QC-1 GENERAL ASSURANCE, outlined below, applies to all Purchase Orders. Quality Clauses QC-2 through QC-19 applies when specifically referenced on the Purchase Order. For a full list of our Quality Clauses and the Quality Clause Policy, go to https://www.amronintl.com/quality_clause_policy.
QC-1 GENERAL ASSURANCE
Amron reserves the right to inspect items at the Supplier's facility. Amron's quality representative may elect to perform either a 100% inspection or perform a random sampling of the product(s) being shipped. The Supplier shall provide reasonable accommodation for assistance and the safety of Amron's representative during the performance of their duty. Amron's representative shall request and coordinate the activity by contacting the Supplier's representative no less than 72 hours prior to the desired event, if such actions are required.
The Supplier shall not implement any change that alters the specifications of a product by verbal instruction or red-lined drawings unless the change has been authorized in writing by Amron's purchasing department.
The Supplier shall obtain written authorization for any discrepancies from Amron's part number, specifications and/or drawings prior to shipping the product. Failure to adhere to this quality clause shall result in rejection of the shipment by Amron, and shall be reflected in the Supplier's quality rating.
Corrective action and/or a root cause investigation shall be performed by the Supplier when discrepant material has been received by Amron. A written correction action report that is conclusive in preventing further occurrences of the same discrepancy shall be provided to Amron within 10 business days or sooner.
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COUNTERFEIT RISK MITIGATION
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- All items delivered shall be and only contain materials obtained directly from the original component manufacturer or the original equipment manufacturer (“OEM”). The original manufacturer or an authorized reseller or distributor shall not contain any counterfeit items. A counterfeit item is defined to include but is not limited to: (i) an item that is an illegal or an unauthorized copy or substitute of an OEM item; (ii) an item that does not contain the proper external or internal materials or components required by the OEM or that is not constructed in accordance with the OEM design; (iii) an item or component thereof that is used, refurbished or reclaimed but the Supplier represents as being a new item; (iv) an item that has not successfully passed all OEM required testing, verification, screening and quality control but the Supplier represents as having met or passed such requirements; or (v) an item with a label or other marking intended, or reasonably likely, to mislead a reasonable person into believing an non-OEM item is a genuine OEM item, when it is not.
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TERMINATION
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- Amron International reserves the right to terminate the Purchase Order in whole or in part, if the order cannot be completed in accordance with requirements and or within the specified time.
- Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control such as acts of nature, fire, theft, war, riot, embargoes or acts of civil or military authorities.
- If delivery is to be delayed by such contingencies, Supplier shall immediately notify Amron International in writing and Amron may either (i) extend time for performance, or (ii) terminate the uncompleted portion of the order at no cost to Amron.
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INDEMNIFICATION
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- Supplier will indemnify, defend, and hold Amron International, Inc., its affiliates, dealers, distributors and their directors, officers, employees and agents (“Company”) harmless from any and all demands, claims, obligations, liabilities, losses, suits, recalls, judgements and expenses whatsoever, including court costs and attorneys’ fees that Company may incur or that may be asserted against Company that arise or occur with respect to (i) any claim that the products, components or services purchased hereunder infringe any patent, design, trademark, copyright or other intellectual property,or right of a third-party; (ii) any claim of property damage, injury, illness or death caused by products, components or services purchased hereunder; (iii) violations of laws by Supplier or its agents or employees; (iv) the operations of Supplier’s business as it relates to this Agreement; or (v) the breach or alleged breach of any of Supplier’s representations, warranties, covenants, obligations, or other acts or omissions of Supplier or its agents or employees. Company shall have the right to defend any claims or proceedings under this section with attorneys of its own selection. All indemnity obligations shall survive this Purchase Order.
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CORPORATE INFORMATION
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- Amron International, Inc.
1380 Aspen Way
Vista, California 92081-8349 USA
Main Phone: 760.208.6500
Fax: 760.599.3857 - DUNS: 08-600-3852 SAM Registered Current
- Established June 1979
- Woman-Owned Small Business
- Amron International, Inc.
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PUR‐POL‐002 REV 1.0
RELEASED DECEMBER 29, 2021
PUR-POL-002 REV 1.0 - Released December 29, 2021