Standard Terms & Conditions of Sale
GENERAL : These terms and conditions are a part of EXCEL SOLUTIONS, INC. (“Seller”, “we”, “our”) proposal and sale, and represent the sole terms under which Seller intends to perform unless specific exceptions are noted in writing. By placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions. Any purchase order, contract or sub-contract which does not comply with these terms will be construed as a counter offer which is open to negotiation.
SHIPMENT : Proposed shipping schedule is valid at date of proposal and 10 days thereafter. Orders placed beyond this period will require shipping schedule verification with the manufacture. When drawing approval is required, the shipping schedule is from the date final approval arrives at the manufacture’s plant. When desired delivery days are unknown at time of order placement, the equipment will be placed on “Will Advise” status and no fabrication will be started until the manufacture is advised of a firm delivery date, in writing. It shall be the Purchaser’s responsibility to stay informed of delivery schedule changes and to notify the Seller in sufficient time to meet the desired delivery requirement. Should manufacture be required to hold scheduled shipment for more than ten (10) days or to interrupt the production of already in progress, a charge will be made for the costs of handling and storage, plus a carrying charge of 2% per month or fraction thereof applied on the value of the equipment while said equipment is in storage. Equipment not released for shipment by Purchaser within six (6) months of purchase order or contract date will be invoiced at prices current at date of shipment.
FREIGHT : Equipment is F.O.B. manufacture’s plant and freight costs are not included unless specifically stated otherwise in Seller’s proposal. Estimated shipping weights are approximates which are noted for Purchaser’s convenience. Seller will not be held liable for the exactness of those weights. CLAIMS : All orders are shipped F.O.B. Factory. We must insist that you accept delivery on all orders, even in those cases where there is visible or concealed damage, and file a claim with the delivering carrier. Our liability for the shipment ceases after it is picked up from same. If Purchaser fails to note damage, visible or concealed, of received equipment on Bill of Lading at time of delivery, costs associated with replacement equipment or repair are the responsibility of the Purchaser.
TERMS : Net 20 days. Terms are as stated unless specifically stated otherwise in Seller’s proposal. A 2% charge will be added for each month or fraction thereof that any invoice remains unpaid after 30 days from invoice date. Seller reserves the right to waive the stated 2% charge at any time without prior notice. Prices quoted do not include Federal, State or local taxes unless stated otherwise in Seller’s proposal. Out of state jobs – taxes are the responsibility of others.
PAYMENT : Standard payment method is via check, ACH/EFT or eCheck, made payable to EXCEL SOLUTIONS, INC. Non-standard payment methods include, though may not be limited to, credit card, debit card, or any other such method as Seller may introduce at its absolute discretion. For non-standard payment methods where the transaction amount is greater than $999.99 USD, a 2% convenience fee will be applied based on the total transaction amount. Seller reserves the right to waive the stated 2% convenience fee at any time without prior notice. Payments must be made in full based on the amount stated on Seller’s invoice, excluding any agreed upon retainer, unless otherwise agreed upon in writing. Seller reserves the right to accept or refuse any payment made in any form. To maximize security, Seller does not maintain any credit card or debit card details unless form EXL-0021 is completed. They may be held by third party payment processors.
INSTALLATION : Prices quoted do not include installation unless specifically stated otherwise. Where installation is quoted, the price does not include any electrical work, concrete work, building modifications, excavation work, underground piping, angle framing for pit, embedded items, unloading of equipment, removal of existing equipment, placing in pit nor any other items not specifically stated in Seller’s proposal. Installation price is based on uninterrupted continuity of work. Should installation be interrupted or delayed for causes beyond the control of the Seller or its agents, a charge based on time and material will be added to the quoted and, if applicable, order price to cover these delays. Installation, where quoted, is to be completed on clean, clear, flush, and flat mounting surfaces finished by others. Removal of obstacles is to be completed by others; the area where the product(s) will be installed must be ready to receive the product(s) upon arrival of installer(s) at the scheduled and agreed upon date and time, expressed or implied. Work authorizations, fire permits, and any other applicable permits or authorizations must be granted by Purchaser before arrival of installer(s). Seller is not responsible for pursuing any permits or authorizations.
OTHER : All proposals are valid for 30 days unless otherwise stated. All orders and contracts are subject to credit approval. All material remains the property of Seller until paid in full. Seller will accept no purchase orders, contracts or sub-contracts, which include any type of penalty clauses unless specifically agreed to in writing. Seller’s proposals offer manufacture’s design and technical concepts. No other suggested designs or drawings or specifications will be binding on the manufacture or Seller unless specifically accepted in writing by the manufacture and Seller. Equipment covered in Seller’s proposals are in general agreement with national safety codes and practices. Seller and manufacture will not be held liable for individual, state or local codes or any other such codes or orders not specifically mentioned in Seller’s proposal. Performance of all agreements on Seller’s and manufacture’s part is contingent on strikes, accidents, delay due to inability to procure material or labor; delay, damage, or loss in transit; destruction or damage by fire or by act of God: and by any other causes beyond Seller’s or manufacture’s control. Performance is also subject to government priorities and national emergencies.
CONTRACTS (General Contracts) : When Seller must accept contractual responsibility, all contracts and sub-contracts for the purchase of equipment and/or delivery and installation of said equipment must: (1) state the general conditions of contractual obligations between the general contractor and owner if Seller is obligated to perform under these conditions. (If no such breakdown is included in the contract or sub-contract, Seller will not be held liable for those conditions); (2) cite Seller’s proposal as the supporting document covering the Seller’s offer. (Seller’s proposal is the sole document under which Seller intends to perform and Seller will not be held liable to conform to any specifications and/or drawings not specifically mentioned in Seller’s proposal); (3) include the “A” or “B” payment schedule when Seller assumes the responsibility for installation: (A) when the proposal is for a lump sum price, the payment schedule shall be as follows: 90% of contract price on shipment of equipment or readiness to ship, 10% of contract price on completion of Seller’s portion of the installation, 10% retainer may be withheld from the above payments and shall be payable upon acceptance of the equipment or 60 days after completion of Seller’s part of installation – whichever comes first; (B) when the proposal shows the installation as a separate item, the payment schedule shall be as follows: 100% of the equipment price, tax and freight on shipment of equipment or readiness to ship, 100% of the installation price on completion of Seller’s portion of the installation, 10% retainer may be withheld from the above payments and shall be payable upon acceptance of the equipment or 60 days after shipment of equipment or readiness to ship – whichever comes first. The 10% retainer on the installation shall be payable upon acceptance of the installation or 60 days after completion of Seller’s portion of the installation – whichever comes first.
WARRANTY : Seller expressly warrants that any equipment sold by it will be free from defects in material and workmanship under normal use for a period of (1) year from date of substantial completion* of the portion of the building in which it is installed provided the purchaser maintains and operated the equipment in accordance with the manufacture’s recommendations. In the event the equipment proves defective in material or workmanship, Seller will, at its option: (a) Replace the equipment or the defective portion thereof without charge to the purchaser; or (b) alter or repair the equipment on site or elsewhere, as Seller, may deem advisable, without charge to the purchaser. The warranty stated in the preceding paragraph is that expressed by Seller, and is in lieu of all guarantees and warranties, expressed or implied by anyone other than Seller. This warranty does not cover any failure caused by improper installation, overloading, abuse, negligence, or failure to lubricate and adjust the equipment properly. Parts requiring replacement due to damage resulting from vehicle impact, abuse, improper operation, or lack of proper protection are not covered by this warranty. * Date of substantial completion as defined in AIA Document A201, Article 8, Paragraph 8.1.3.
ORDER CANCELLATION FEES : A cancellation fee will not be applied on orders received if order is revised within 10 days of receipt of original order. A 5% cancellation fee (based on equipment selling price) will be applied if notification is received at this office requiring an order revision beyond this 10-day period. This will apply to orders received for standard units not entered and not shipped. A 10% cancellation fee (based on equipment selling price) will be applied if notification is received at this office requiring an order revision beyond this 10-day period. This will apply to orders received for non-standard units not entered and not shipped. A 20% cancellation fee (based on equipment selling price) will be applied to the customer account for orders received covering standard units entered but not shipped and cancelled for any reason other than shelving of a project. A 25% cancellation fee (based on equipment selling price) plus freight out and back will be applied for orders received on standard units which have been entered and shipped. A 30% cancellation fee (based on equipment selling price) will be applied for orders received on non-standard units entered and “in process” of manufacture. A 40% cancellation fee (based on equipment selling price) will be applied on orders for non-standard units, which have been entered and manufactured and awaiting release for shipment. Non-standard equipment shipped in accordance with specification coding as outlined on quotations will not be authorized for return or credit unless approval received from seller. If authorization is given for credit, all freight charges will be applied to the cancellation fee charges as determined by seller.
ONLINE ORDERING : Seller offers online ordering to customers who prefer this method of purchasing products. Items offered online are shipped via Best Way only and F.O.B. Factory. Items from brands including, but not limited to, Poweramp, McGuire, DLM, Dynaco, Systems LLC, Copperloy, Tri Lite, Durable, and other brands in which Seller offers as new equipment are genuine items (“OEM”) direct from the factory. Items for brands in which Seller does not have a direct agreement with, including but not limited to, Kelley, Kelley Atlantic, Serco, Rytec, Rite Hite, Blue Giant, Overhead Door, Nordock, Pentalift, and other brands in which Seller does not offer as new equipment are sold as aftermarket items. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products listed online are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). All returns are subject to a 25% restocking fee and return shipping is paid by Buyer. All returns require a valid Return Goods Authorization (“RGA”) number and must be arranged via phone or email. All order cancellations for online purchases must be submitted via phone or email prior to shipment of each order placement to avoid any applicable return fees. Any item that arrives damaged must be noted upon arrival on the Bill of Lading, with the shipper, or rejected to be eligible for return or replacement. Subject to inspection by Seller or Seller’s authorized representative, an item that is verified as damaged will be replaced without additional charges incurred to the purchaser for the replacement item only. For purchases shipped outside of the state of Ohio, it is the responsibility of the purchaser to pay sales tax in their applicable state. Credit card payments for items purchased online are not subject to the 2% Convenience Fee. All prices for items listed online exclude freight, taxes, and any associated installation costs. Prices, discounts, and incentives shown online apply to orders placed online only. All prices USD. Items, prices, and terms subject to change.