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Terms & Conditions
TERMS & CONDITIONS
Order Acceptance & Payment Terms
All purchase orders must be in writing and are subject to McLean credit approval. Minimum order amount is $50 but subject to minimum buys of purchased parts. Payment terms are net thirty (30) days from invoice date, with a 1.5% per month (eighteen (18%) per annum) finance charge on overdue amounts. All freight will be prepaid and added to the invoice, unless otherwise specified by the Buyer. If the price includes transportation or other shipping charges, any increase in transportation rates or other shipping charges from date of quotation or purchase order shall be paid by Buyer.
Prices
Notwithstanding McLean reserves the right to adjust prices at any time in order to reflect increases in the cost to McLean of any of the raw materials, component parts, or freight or transportation expenses necessary to produce and deliver the Products. In addition, McLean reserves the right to adjust the prices at any time in order to reflect fluctuations in currency valuation or exchange rates.
Shipment
Shipment is F.O.B. McLean’s plant or other place of manufacture, unless otherwise specified. The risk of loss of the Goods (including damage or destruction thereto) passes to customer upon shipment. Unless shipping arrangements are specified by customer, McLean will make reasonable arrangements for shipment.
Shipment Damage And Claims
All shipping claims resulting from damage incurred during transit or loss of goods are the direct responsibility of the Buyer. McLean will provide necessary documentation, to support Buyer’s direct claim with Carrier. Buyer must notify McLean and the carrier within seven (7) days of the receipt of Goods of any damage to, or partial loss of, the Goods during transit. Buyer must also notify McLean and the carrier within (14) days from shipment of any non-delivery of the Goods. Failure to give such timely notice relieves McLean of the responsibility of supporting Buyer’s claim.
Delivery
McLean will use reasonable commercial efforts to fill orders within the time stated, but the stated delivery date is approximate only, and McLean reserves the right to re-adjust delivery dates. Under no circumstances will McLean be responsible for or incur any liability for damages, costs or expenses of any nature (whether general, consequential, as a penalty or as liquidated damages or otherwise) due to any delays in delivery, or failure to make delivery at an agreed or specified time due to circumstances beyond McLean’s reasonable control. Acceptance by Buyer of the Goods when received waives any claim for loss or damage resulting from a delay, regardless of the cause of the delay. If shipment is delayed or suspended by Buyer, Buyer shall pay the invoice price for the Goods as per payment terms, together with McLean’s handling and storage charges in effect and demurrage charges if loaded on rail cars.
Order Changes, Push Outs And Expedites
All change order requests must be submitted in writing. Requests will be reviewed for viability and approval is at the discretion of McLean. Change orders are not valid until acknowledged by McLean. Orders may not be placed on indefinite hold. Order push-out requests must be accompanied with firm rescheduled ship dates and may be subject to an additional McLean carrying charge of 1.67% per month for handling and storage. Expedited delivery requests will be reviewed case by case. Expedite fees are 20% of order premium plus all vendor expedite charges.
Specifications
McLean may, at its option, make changes in the design, construction, arrangement or components of the Goods if, in McLean’s judgment, such changes will be beneficial to the operation of the Goods. Buyer may not make any changes in the specifications for the Goods unless McLean approves of such changes by a signed writing, in which event McLean may make additional charges for such changes.
Cancellation
Buyer may not cancel orders placed with McLean, except with McLean’s written consent and then only if Buyer makes payment to McLean to indemnify it against loss, including but not limited to expenses incurred and commitments made by McLean. In addition to such charges previously mentioned, any cancellations approved by McLean shall be subject to a cancellation charge of fifteen percent (15%) of the net price. If modifications, specifically ordered by the Buyer, are being made to the cancelled merchandise, the cancellation charge will also include the cost for such modifications made up to the date of cancellation.
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