As used herein, “Buyer” refers to the party who submits an Order, which is confirmed by seller, is subject to these terms and conditions. “Seller” means Ortmayer Materials Handling, Inc. and “Order” means the purchase order, electronic order or any other order submitted by the buyer.
All prices shall be stipulated on Seller’s Website or quoted directly by seller and are subject to change, without notice, at any time prior to Seller’s acceptance of Buyerís order. Prices are FOB Sellerís factory or distribution center. All applicable sales or other taxes Seller pays or is required to collect or pay upon sale of merchandise will be added to the invoice. If such amount is not included in invoice for the merchandise, it may be invoiced separately later.
Payment on all orders processed via the Website will require a credit card unless Buyer has previously established credit terms with Seller. All credit sales are subject to the approval of Seller’s credit department. The terms of payment are provided on the face of the invoice.
An estimated date of shipment will be included in the order acknowledgment, it is to be understood that it is approximate only and will be established upon Seller’s acceptance of Buyer’s purchase order and receipt of all specifications; except that in the case of special items considered to be non-standard by Seller, it will be established upon the date which Seller receives complete information necessary to design and manufacture. All estimated shipping dates are subject to delays caused by; civil insurrection, war, fire, strikes, labor stoppages, acts of God, or any other factor or cause beyond Sellers control; none of which factors or cause shall give rise to any liability on Seller’s part whatsoever, including loss of use or for any indirect or consequential damages.
Delivery shall occur and risk of loss shall pass to Buyer upon delivery of the material to a carrier at point of shipment. Transportation shall be at Buyer’s sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only.
Seller assumes no liability or responsibility for any acts, misuse of product, advertising, violations of any local, state or federal regulations or laws violated by the Buyer. Buyer assumes all responsibility for his/her acts and is responsible for researching local, state or federal regulations relating to the sale or use of Seller’s products.
The parties agree that each provision contained in these Terms and Conditions of Sale shall be treated as separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions contained in these Terms and Conditions of Sale shall for any reason be held to be excessively broad as to scope, activity or subject so as to be enforceable at all, such provision or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extend compatible with the applicable law.
The Terms and Conditions of Sale set forth herein may be accepted only in accordance with their terms. They may not be modified except by written agreement referring specifically to these Terms and Conditions of Sale and signed by a duly authorized representative of Seller. Any Provisions of Buyerís purchase order, which is inconsistent with the foregoing, shall be of no force and effect. Seller shall have agreed to a modification of the Terms and Conditions of the Sale in the manner set forth herein.