Terms and Conditions

  1. ACCEPTANCE: The terms and conditions shall apply to sales from Seller to Buyer and to any quotation by Seller or its authorized representatives for sales. Acceptance by Buyer of any offer or quotation from Seller must be made on the exact terms and conditions contained herein.
  2. PERIOD OF QUOTATION: Quotations are held open for thirty (30) days from the date of the quotation unless otherwise specified by Seller. Prices will be firm for orders scheduled by Store Mor Equipment, Incorporated to be delivered within normal production schedules after acceptance of the order unless specified in the quotation.
  3. TERMS OF PAYMENT: (Subject to Credit Approval.) Standard product terms of payment are net fifteen (15) days from the date of shipment unless otherwise specified and approved by Store Mor Equipment, Incorporated.
    1. Installation of standard product by Seller: Net Fifteen (15) days from the date of substantial completion of Installation. In the event that Installation of the product involves more than fifteen (15) days of work by Seller, Buyer shall, on the first and fifteenth day of each month in which work is performed, make net payments of all work completed pursuant to Seller’s invoice.
    2. Seller reserves the right under the above terms of payment to assess a service charge of one-and-one-half percent(1-1/2%) per month as a Pro Rata basis on any amounts past due, provided there is no conflict with local or state law.
  4. TAXES: Buyer hereby assumes full responsibility for payment of all applicable local, state, municipal of federal taxes required for the sale or shipment of Seller’s products.
  5. FREIGHT: Delivery is F.O.B. shipping point. Buyer assumes full responsibility for payment of all freight bills unless otherwise specified. Buyer fully understands that any advance quotations from Seller of Freight are not guaranteed, but are only good faith estimated based on recent carrier quotations. Buyer hereby agrees to pay any freight charges that are in excess of the amount stated in Seller’s quotation. All claims for damaged to freight shall be filed by the Buyer with the carrier. Seller reserves the right to ship overages or underages of weight, length, size and/or quantity with Seller’s standard practice.
  6. DELIVERY: All stated shipping schedules are approximate and not guaranteed. Seller shall not be liable for damages of loss occurring through delays attributable to circumstances beyond its control including, but not limited to, delays in delivery by its suppliers, natural disasters, acts of third parties, labor disorders or changes requested by Buyer after the order has been acknowledged. If shipment as scheduled is delayed by Buyer, payment shall be made by Buyer as though shipment had been made as specified. Buyer assumes full responsibility for product and any expenses incurred as a result of the delay in shipment and subject to reasonable storage charges.
  7. MANUFACTURING DEVICES, ENGINEERING AND TECHNICAL DATA: All manufacturing devices, designs, data, drawings or other technical information relating to any quotation or to an order will remain Seller’s property.
  8. NON-STOCK ITEMS: Any specially fabricated product or material not considered as stock inventory by Seller or product or materials manufactured by Seller to Buyer’s specifications or job requirements, will not be accepted for return.
  9. CANCELLATION: On all canceled orders, Buyer shall compensate Seller for its performance, commitments and damages as follows:
    1. Normally Stocked Items: Buyer shall pay to Seller any fees or restocking charges that are incurred.
    2. Non-Stock Items: Buyer shall pay to Seller all engineering, Labor and Material costs used or committed by Seller plus ten percent (10%) of the full purchase price. In no event shall the amount exceed the purchase price.
  10. INSURANCE: Seller warrants that, in the event that Seller’s employees are required to enter Buyer’s premises, Seller shall have Workman’s Compensation Coverage in statutory limits and Seller’s vehicles shall be covered by public liability and property damage insurance.
  11. CREATION OF SECURITY INTEREST: Buyer upon receipt of Seller’s product hereby grants to Store Mor Equipment Incorporated, a security interest in the product which is the subject of the sale to secure performance and payment of all obligations and indebtedness of Buyer to Store Mor Equipment, Incorporated and Buyer hereby agrees and understands that in the event of default by Buyer, Store Mor Equipment, Incorporated, may enter upon any premises on which the product or any part there of may be located, take possession and remove to same there from by lawful means.
  12. SURVEYS, PERMITS AND REGULATIONS: Buyer shall procure and pay for all permits and/or inspections that may be required by any government authority for any part of the work performed by the Seller. Buyer assumes full responsibility for furnishing any bonds, security or deposits that may be required to permit the performance of the work.
  13. COMMENCEMENT OF INSTALLATION: Seller shall not be obligated to commence work at the job site until receipt of written notice from Buyer that Buyer’s building is ready for use and all necessary utilities and equipment are supplied thereto.
  14. TOOLS, EQUIPMENT, LABOR AND MATERIALS: Seller shall provide all tools, equipment, labor and materials to perform the work unless otherwise specified.
  15. CONSTRUCTION AREA: Buyer shall provide Seller with a free and clear construction site. All material and/or construction trades not directly connected with the installation shall be removed for the area, and any work performed by Seller to clear the construction area shall be paid for by the Buyer. Buyer shall provide Seller adequate electrical power to efficiently operate any power tools required for installation.
  16. FLOORS: Buyer assumes full responsibility for the load bearing capacity of the floor upon which the proposed installation shall be constructed. Buyer shall pay for all material and labor required to shim the proposed installation due to uneven floor surface in excess of plus or minus ¼” elevation over the entire floor areas. Any costs incurred by Seller for drilling anchor holes as a result of interference with reinforcing rods, mesh or other materials shall be paid by Buyer.
  17. UNLOADING AND STORAGE OF MATERIAL: Buyer shall provide Seller with adequate unloading facilities, truck docks, rail docks, truck and rail dock boards capable of supporting life truck equipment, with sufficient access to the same to insure Seller’s safe and efficient unloading procedure. Any demurrage, charges for rail or truck shipments, or excessive unloading costs, caused by inadequate facilities or Seller’s inability to gain satisfactory access to the facilities, shall be paid entirely by Buyer.
  18. CHANGE ORDERS: In the event that Buyer orders changes in work, such orders and adjustments shall be made in writing to the Seller, and the contract price shall be adjusted according to the changes in the work specified. All claims by Seller for extra work shall be made to Buyer in writing before the execution of the work.
  19. INSPECTION OF WORK: Seller shall permit and facilitate inspection of the work by Buyer, his agents, and/or public authorities at all times.
  20. PERFORMANCE OF INSTALLATION: With respect to Seller’s performance, if either before or after Seller’s work has commenced it is discovered that any of the conditions specified in paragraphs 13, 16, 17, and 18 do not prevail, then the erection crew foreman may in his discretion have the crew, at the expense of Buyer, perform such work as may be necessary or appropriate in order that the specified conditions may be brought about, or may delay the beginning of the work, or if already begun, may discontinue the work, and if he considers in impractical to keep the erection crew on the site, may have the crew depart from the site. All extra costs incurred by Seller as a result of the non-existence of any one or more of the conditions mentioned above, including extra cost incurred by Seller as a result of the non-existence of any one or more of the conditions mentioned above, including the work done by the erection crew in correction any of said conditions, and cost incurred by reason of the crew’s leaving the site and later returning to the site when the required conditions prevail, shall be paid by Buyer. All material and equipment for testing the installation shall be provided at Buyer’s expense. At the time when Seller states to Buyer that the installation is complete, Buyer shall inspect work and if the work is in conformity with the terms and provisions of the installation agreement, Buyer shall accept the same and deliver to Seller a signed statement of acceptance within fifteen (15) days after notification of completion. In the event that Buyer declines to sign such a statement within fifteen (15) days from the date of notification of completion, then Buyer shall inform Seller in writing of the reasons for such declination. In the event that Buyer fails to make such inspection, the installation shall be conclusively deemed to have been accepted by Buyer.
  21. OVERTIME COMPENSATION: The proposal is based on a normal eight hour working day and no provision
    has been made for overtime or shift premium pay. In the event that Buyer requests overtime or shift work, such request shall be made in writing to Seller. Buyer shall reimburse Seller for any premium pay plus applicable federal and state payroll taxes, compensation and liability insurance premiums, union fringe benefits and supervisory premiums resulting in overtime or shift work requested, plus reasonable profits.
  22. TERMS OF PAYMENT – INSTALLATION: Buyer shall make Progressive monthly payments as follows: One hundred percent (100%) of the value of the labor performed and material shipped or contracted for in the performance of the installation agreement shall be paid within fifteen (15) days following invoicing to Buyer. Unless otherwise specified.