QUALITY ASSURANCE
McCullough Banner Co. Inc., assures that goods sold by it shall be free from defects in material and workmanship and will conform to applicable specifications. McCullough's liability shall be limited to replacement of the defective or nonconforming goods, or (at McCullough's election) refund of the purchase price thereof. This offer shall apply, and McCullough shall be liable for replacement or refund, only if Buyer has given McCullough written notice of the defect or nonconformity within 180 days after delivery of such goods to Buyer. Buyer undertakes the complete and entire responsibility of ascertaining whether the goods purchased meet the requirements of, or are suitable for the Buyer's intended use. In no event shall McCullough be liable for loss of use or profit, or for other collateral, special or consequential damages. Unless specifically indicated to the contrary, goods sold are not fire resistant and should not be exposed to intense heat or flame.
PRICES
The price is based on the current market prices as of date of issue. All prices are subject to change without notice.
TERMS
Terms are net thirty (30) days from date of invoice, F.O.B. Strasburg, PA (our plant location), subject to approval by the McCullough Credit Department. A late payment charge of 1-1/2 % per month (18% per annum) will be added to all past due invoices. If at any time an account balance exceeds the assigned credit limit, the difference must be received prior to shipping future orders. Accounts with balances 60 days past due will be placed on C.O.D. until the account is made current. Ten percent (10%) of the past due balance, or $50.00, whichever is greater, will be added to the current C.O.D. shipment.
Customers without established credit approval from McCullough may charge to their VISA, Master Card, or Discover credit card, or receive goods on a C.O.D. basis. C.O.D. orders exceeding $200.00 must be paid with money order, or secured check.
A charge of $25.00 will be assessed for all checks returned because of insufficient funds, and the account status will become C.O.D., secured funds only.
Buyer is responsible for payment of applicable sales, use or other taxes, whether local, state or federal, with respect to the goods purchased.
SHIPPING AND DELIVERY
McCullough shall not be liable for delays in delivery due to causes beyond its control. In no event shall McCullough be liable to the Buyer for loss of use or profit or any other collateral, special or consequential damages resulting from delays in delivery, whether or not due to causes beyond McCullough's control. McCullough will use its best judgment in packaging, packing, shipping and routing unless Buyer gives specific instructions with its order. In case any shortage or damage incurred during transportation is detected, please notify the delivering transportation agent and file claim at once. McCullough's responsibility for delivery ends with a signed bill of lading from the carrier. All risk of loss after McCullough's delivery to the carrier shall be borne by the Buyer. Upon request, McCullough will make replacement shipment subject to general terms and conditions covering a new order.
RETURNS AND CANCELLATIONS
Authorization must be obtained from McCullough prior to return of any goods for repair, replacement or credit. Returned goods are subject to a $10.00 or 10% re-stocking charge, whichever is greater, plus all shipping charges. Most orders are cut, sewn, packaged and ready for shipment within one hour of receipt. Customers who cancel or modify orders after they have been processed, are subject to the same re-stocking charge.
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