Terms and Conditions
Terms and Conditions of Sale
The terms and conditions contained herein shall govern the sale of all products distributed by Superior Hardware Products, Inc. The acceptance of any order is expressly made conditional upon your assent to these Terms and Conditions of Sale.
Prices: Superior Hardware Products reserves the right, in its sole discretion, to change or amend its price list (including, but not limited to, adding or removing Products from the price list), and standard terms and conditions of sale as contained in its catalogs, price list or published sales policies, without incurring any liability whatsoever to its Customer or others. All orders will be filled at the Superior Hardware Products List Price in effect at the time of order placement. All prices are subject to change without notice and are not guaranteed.
TAXES: List prices do not include federal, state or local taxes.
ORDERS: No order for Products shall be deemed to have been accepted by Superior Hardware Products until written notice of its acceptance is received by the Customer from Superior Hardware Products via an order acknowledgement. Superior Hardware Products reserves the right, in its sole discretion, to decline to accept any order. Purchase Orders will bind Superior Hardware Products only to the extent accepted by Superior Hardware Products' written confirmation or delivery.
Superior Hardware Products will attempt to fill orders in the order in which they are received, subject to prior orders. However, Superior Hardware Products reserves the right to allocate orders or fill an order or orders ahead of prior orders, if, in its judgment, the facts warrant such a change.
Any additional provisions in a Purchase Order, including any pre-printed terms, shall be void and not binding on Superior Hardware Products, unless expressly accepted by Superior Hardware Products. For greater certainty, the acceptance by Superior Hardware Products of a Purchase Order shall not be deemed acceptance of the additional terms of such Purchase Order.
Superior Hardware Products will accept orders via phone, email, fax or courier. Superior Hardware Products will send out an order acknowledgement for all orders received via email, phone or fax.
Note: Receipt or possession of this price list does not grant approval to quote or purchase products distributed by Superior Hardware Products. Please contact your Superior Hardware Products Representative for further details.
KEYING SYSTEM ORDERS: All orders of keying systems specifying delayed fulfillment must be fulfilled within twelve (12) months of the order date. Said request for fulfillment must include complete keying instructions for the order to be acknowledged with an estimated delivery date. Failure to properly request fulfillment of the order within twelve (12) months of the order date will make the order void and nonrefundable.
SPECIAL ORDERS: Any modification to a standard product configuration is considered a special order. No credits will be issued for returned special orders unless authorized by Superior Hardware Products.
INCOMPLETE ORDERS: An incomplete order is one that is not fully specified according to the appropriate nomenclature required for that product. Any incomplete order will not be entered and will be referred to the appropriate Superior Hardware Products representative for resolution.
SAMPLES: Please contact Superior Hardware Products for sample requests: email@example.com or (407)-339-6800
CREDIT LIMITS: Superior Hardware Products' policy is to extend Net 30-day terms/open account combined with a credit line based on financial capacity. For all accounts Superior Hardware Products requires a Credit Application and Sales Tax Exempt Certificate (if applicable). Superior Hardware Products evaluates traditional sources of credit information: D&B, trade and bank references, financial information, and business plans. The supply of credit herein shall be at the discretion of Superior Hardware Products. If available information and/or financial circumstances will not support open accounts terms, Superior Hardware Products offers Cash in Advance and Credit Card (MasterCard, VISA, American Express, and Discover) terms. Superior Hardware Products performs periodic reviews of credit lines and terms of payment and may request updated financial information.
Superior Hardware Products reserves the right to withhold delivery of Product if Customer does not meet Superior Hardware Products' credit requirements for the amount of Product ordered, or the amount of Product which remains unpaid (whether or not overdue) exceeds the limit established by Superior Hardware Products for Customer. Customer shall provide, at Superior Hardware Products request, an acceptable letter of credit or guarantee or security in a form and amount determined by Superior Hardware Products.
If Customer shall become overdue on its account or otherwise defaults in any payment to Superior Hardware Products or if its financial condition shall at any time appear inadequate to warranty further shipment on an open account basis, Superior Hardware Products shall have the right, without liability, to refuse to accept any or all orders, to cancel any and all orders, to delay shipments, or to require advance payment before accepting or shipping any orders. All orders and all shipments are subject to approval by the Superior Hardware Products Credit Department.
PAYMENT TERMS: Superior Hardware Products standard payment terms are 2% 10, net 30 days from date of invoice.
Superior Hardware Products shall be entitled to charge and Customer shall pay interest on overdue invoices at the rate of two percent (2%) per month calculated from the date of the invoice to the date of payment, including any attorney fees incurred by Superior Hardware Products resulting from the collection of such overdue payment. Customer shall pay all sums owing to Superior Hardware Products without any deduction or abatement and Customer shall have no right of set-off.
In the event that Customer disputes any portion of the payment due, Customer shall be obligated to pay the balance which is not the subject of dispute.
Without limiting any other rights it may have under these terms of sale and applicable law, all of Superior Hardware Products’ obligations under this Agreement, including obligations of supply, or any Purchase Order, can be suspended or cancelled should Customer be delinquent in making payment for previously shipped Products.
Changes/Cancellations: After orders are entered for manufacturing, changes or cancellations cannot be accepted without Superior Hardware Products written permission, and may be subject to a change or cancellation charge equivalent to 30% of the purchase price.
Orders for special and/or custom designed goods not immediately saleable to another customer are not changeable, cancelable, or returnable.
Returned Goods: Superior Hardware Products MUST authorize all returns. All goods must be returned in original packaging and be in resalable condition except for warranty returns. Only goods with an invoice date of less than one (1) year will be considered for a Return Goods Authorization (RGA). All Material returned to Superior Hardware Products , regardless of the reason , must have a correct RGA number applied to the outside of the shipping carton. A restocking charge of 30% of the purchase price will be applied to the Customer's account except for warranty returns. Transportation charges of returned goods must be prepaid by Customer. All good must be returned within sixty (60) calendar days of RGA issue date. All goods must be returned in original packaging and be in resalable condition except for warranty returns. Product not returned in salable condition or after sixty (60) days of RGA issue date is subject to the disposal by Superior Hardware Products with no credits issued. RGA requests are initiated by and email to: firstname.lastname@example.org or a phone call to (407)-339-6800.
Superior Hardware Products cannot authorize the return of discontinued product. Under no circumstances will special order items be accepted for return, unless covered by warranty.
Export Regulations: Customer agrees to conform to, and abide by, the export laws and regualtions of the US, including, but not limited to, the Export Administration Act of 1979 as amended and its implementing regualtions. Diversion contrary to US laws and regulations is prohibited.
MASTERKEYING: Superior Hardware Products is a Master Distributor for Stanley, Inc. The Superior Hardware Products Masterkey Code and Masterkey Service policy is in accordance with Stanley Masterkey Code and Masterkey Service Policy which can me be found by clicking the link below:
EXCEPT AS SET FORTH HEREIN, SUPERIOR HARDWARE PRODUCTS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND BUYER ACKNOWLEDGES THAT NO REPRESENTATIONS, WARRANTIES, PROMISES OR STATEMENTS HAVE BEEN MADE BY SUPERIOR HARDWARE PRODUCTS, WITH RESPECT TO THIS PRODUCT, OR ANY PART OR PORTION THEREOF. IN ADDITION, SUPERIOR HARDWARE PRODUCTS MAKES NO WARRANTY OF MERCHANTABILITY OF THIS PRODUCT OR ANY PART OR PORTION THEREOF, FOR ANY PURPOSE, NOR ANY WARRANTY WHICH EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF. SUPERIOR HARDWARE PRODUCTS SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY BUYER OR ANYONE CLAIMING BY, THROUGH OR UNDER BUYER, AS A RESULT OF THE CONDITION OF THIS PRODUCT, OR ANY PART OR PORTION THEREOF, AND THERE ARE NO ORAL OR WRITTEN UNDERTAKINGS OR AGREEMENTS OF ANY TYPE PROVIDED BY SUPERIOR HARDWARE PRODUCTS EXCEPT AS EXPRESSLY SET FORTH HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY IN YOUR STATE.
GOVERNING LAW: These Terms and Conditions of Sale and any subsequent sales agreements between Superior Hardware Products and Customer shall be construed in accordance with the laws of the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.