Egan Visual Standard Terms and Conditions

Commercial Terms

Overall
Egan Visual Standard Terms & Conditions are subject to change without notice. See www.egan.com for currently prevailing terms. All specifications, pricing, and other information is believed to be accurate at the time of publication (E&OE) but is subject to change without notice. Prices herein are valid in the United States only and are stated in USD. Possession of this document does not constitute an offer to sell.

Cancellations
Orders are considered binding on the Buyer and on Egan, subject to the ICC Force Majeure Clause 2003 or the ICC Hardship Clause 2003. If the Buyer wishes to cancel an order, the decision to accept cancellation lies with Egan and will be governed by its ability to conform. A penalty or service fee may be imposed at the discretion of Egan. Once production has begun, neither standard or custom orders are eligible for change or cancellation.

Change Orders
The Egan Visual ‘Order Acknowledgment’ is final and binding and any subsequent change is subject to approval at the sole discretion of Egan. Egan Visual reserves the right to increase the acknowledged price, if such a change warrants any extra charge.

Defects and Shortages
All claims must be reported within the first thirty (30) days after delivery of goods. Egan Visual assumes no responsibility for misuse or abuse.

Returns
Merchandise may not be returned without the prior written consent of Egan Visual. If returned within thirty (30) days, and by agreement, a restocking and repacking charge will be deducted from the credit note in addition to any expense for reconditioning that may be necessary. Return transportation must be prepaid (DDP Buffalo, NY or DDP Woodbridge, ON), packed in the original packaging.

Financial Terms

Financial Terms
Terms are “prepayment with order” unless otherwise pre-approved, in writing, in advance, by Egan Visual. For such accounts, orders are subject to limit or withdrawal of credit at any time. The approved purchaser will be invoiced for the goods as they are shipped and payment is due thirty (30) days from the date of invoice. Late penalties will be charged on overdue invoices. Invoices are payable in USD funds and do not include taxes or installation. All orders accepted are subject to prices prevailing at time of Order Acknowledgement.

Quotations
Quotes issued by Egan Visual are valid for ninety (90) days and are for the products and terms specified therein.

Order Acceptance
Orders are binding only upon acceptance by the executive office of Egan Visual which is confirmed by issuance of an Egan Order Acknowledgement. Orders accepted by Egan Visual shall be subject to the Terms and Conditions set forth in this Acknowledgment and subsequent Invoice, notwithstanding any variance in terms and conditions set forth in the buyer’s order forms. Minimum order value is $100.00 list. Egan Visual appreciates your order and will endeavor to fulfill it as agreed.

Taxes
Sales Tax, Use Tax, or other State, Provincial, or Federal taxes will be added to the invoice as applicable, and are the responsibility of the Buyer. Buyers claiming exemption (e.g. purchasing for resale) must supply the appropriate tax exemption form with their order. In jurisdictions where Egan Visual is not registered to collect tax, it is the sole responsibility of the Buyer to determine what, if any tax is applicable to the sale and to remit same to the appropriate tax authority.

Product Terms

Specification Changes
Specifications published are nominal and believed to be accurate at the time of publication. The right to affect, change, or discontinue models at any time without prior notice remains the right of Egan Visual. This right to change applies to catalog contents, price lists, fabric or finishes, as well as details and dimensions.

Warranty

Each product carries a limited, “Return to Factory” warranty. See the full “Standard Warranty” in the Price & Specification Guide or at www.egan.com

Logistics Terms

Freight Terms
Orders are shipped FOB Buffalo, NY (INCOTERMS 2010). Freight is prepaid and added to the buyer’s Invoice. The responsibility of Egan Visual ceases when it turns the shipment over to the carrier.

Free Freight Program
Egan offers a program under which freight may be prepaid in full or subsidized by Egan. See “Freight Program” for current details.

Drop Shipments
Drop Shipments can be arranged. Egan does not apply a fee but Accessorial Charges may apply. Contact Customer Service.

Accessorial Charges
Accessorial Charges will be invoiced at cost and pre-quoted on request. This includes but is not limited to: deliver to limited access site (mines, prisons, military, schools, and hospitals), blanket wrapped, inside deliveries, special charges for high density urban areas, will calls, ‘call before’ requirements and special delivery or inside delivery beyond dock-to-dock delivery

Packing and Crating Charges
All products are shipped via common carrier, and are normally shipped one unit per cardboard container. Packaging charges are included in the price.

Carrier Selection
In absence of the buyer arranging transport, Egan Visual reserves the right to ship by what is in its opinion the best method.

Transportation Delay
Egan Visual is not responsible for delay or failure to fulfill an order due to Acts of God, Hardship, or Force Majeure, including but not limited to reasons stated in the standard ICC Force Majeure Clause section 3.

Storage
If Buyer cannot accept delivery on the shipping date stated on the Order Acknowledgement, Egan Visual reserves the right to arrange storage at the Buyer’s risk and expense.

Freight Damage
All goods are shipped FOB Egan Visual, however, in the event of freight damage we can assist your receiver with the claim. The legal responsibility of Egan Visual ceases when it turns the shipment over to a common carrier. The buyer has the sole obligation of seeking recourse against the carrier. All freight is given to the carrier and signed for in good condition. It is the responsibility of the receiver to sign for the goods in the presence of the carrier and note the condition in which they are received. Freight claims should be filed with the carrier.

Follow these procedures immediately upon receipt of shipment:

  1. You must inspect the freight at the time of delivery and note all damages on the Bill of Lading and Delivery Receipt (POD). If there is obvious and severe damage, receiver has a right to refuse delivery. Receiver also has a duty to mitigate the loss. For example, you should only refuse affected product.
  2. Upon discovery of the damages, the receiver must immediately report the damages to the carrier, asking for immediate inspection and an inspection report.
  3. The notification of damages must be followed up in writing by fax or e-mail.
  4. Unpack and inspect. Check your contents within three (3) business days. If the shipment was delivered without noted damage but has CONCEALED DAMAGE, receiver typically has a very limited time to report it to the carrier and request a `concealed damage inspection`.
  5. Tag and keep any packaging in which damaged goods are received in its original condition.
  6. Contact Egan Customer Service to initiate a Support Case and make arrangements for replacement product.
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