Terms & Conditions
All sales by HCO Industries are made in accordance to the following terms and conditions. No other or additional terms or conditions are or will be accepted.
All orders are submitted for acceptance only by the offices of HCO Industries in Donald, Oregon. Possession of this or any other pricing information is not to be construed as an offer to sell by HCO Industries and does not guarantee the prices, terms or specifications indicated therein. HCO Industries reserves the right to change specifications, design, prices, terms or other conditions of sale at any time prior to HCO Industries acceptance of an order.
Seller warrants that, on the date of delivery to carrier, the goods are free from defects in workmanship and materials. No other express warranty is given and no affirmation of seller, by words or action, shall constitute a warranty.
The above warranty is made only to the dealer, retailer or other direct customer of HCO Industries. HCO Industries makes no warranty to the ultimate user and prohibits the transfer of the warranty given above to its direct customer to any subsequent purchaser, including but not limited to ultimate user.
Remedy: The Buyer’s sole remedy for breach of any warranty is limited exclusively to obtaining, at the discretion of the Seller, either credit, repair or replacement of any product sold hereunder by HCO Industries which shall be returned to seller’s plant, transportation prepaid within thirty (30) days after delivery to a user and within ten (10) days of discovery of alleged defect, and which HCO Industries inspection shall determine to be defective. Buyer shall not be entitled to recover any incidental or consequential damages. No material shall be returned without written consent of the seller.
Terms of Payment
Charge accounts are to be paid within 30 days from date of invoice. Balances unpaid after 30 days from date of invoice are subject to a service charge of 2% per month (annual rate 24%). Buyer agrees that all collection costs, including seller’s receivables’, insurance collection costs, and all court costs, investigation costs, legal fees and all other incidental costs incurred in the collection of the buyers past-due account will be paid by buyer.
Any sales, use, excise, and/or other taxes applicable to this transaction are not included in the price and shall be paid by Buyer when due. If the Seller pays any such taxes, Buyer shall reimburse Seller upon demand.
Accepted orders will be subject to prevailing prices at time of shipment. Prices are subject to change without notice. For current pricing, please contact us at firstname.lastname@example.org.
All freight charges are invoiced to the buyer unless otherwise noted or negotiated. HCO Industries will ship via the freight carrier with the lowest available cost, unless the buyer specifies an alternate preferred carrier.
Once order is received, Buyer shall promptly inventory each shipment for accuracy and completeness. In the case of miss shipment, loss or damaged products, it is the responsibility of the Buyer to submit a claim to HCO Industries within 48-hours of receipt of shipment. Claims will not be considered unless an exception is noted on the “Original Freight Bill” by the receiving party.
No product will be accepted for return without prior written authorization from Seller. All return product must be shipped freight prepaid. Collect shipments will be refused. All returned product is subject to inspection by seller upon receipt.
Discontinued product and/or custom made product are not returnable. Returned product will be inspected by Seller upon arrival and the credit, if any, shall be made at the Seller’s sole discretion. Used, damaged and any product determined by the Seller to be unfit for resale will not warrant a credit. A twenty percent (20%) restock/handling charge will be deducted from the credit amount for all products accepted for return and credit less any applicable freight charges paid by the Seller. Under no circumstances will returns be authorized after six (6) months from invoice date.
Should a Buyer’s order exceed Seller’s inventory a backorder will be created. Seller will make every effort to fulfill or substitute the backordered product. During this period, Seller will contact Buyer to verify that they would like to wait for the product or accept a substitute in place of originally ordered part. Seller will provide regular updates to Buyer on current backorder status.
Once backordered product becomes available for shipment, product will be immediately shipped. If original order qualified for prepaid freight, the backordered product will ship prepaid. When possible, backordered product will be added to Buyer’s next prepaid order. In the event there is more than one backordered product and the original order qualified for prepaid freight, HCO Industries will ship all backordered products in a single shipment. If original order does not qualify for prepaid freight, freight on backordered product will be paid by the Buyer. Buyer will not be charged for backordered items until date of shipment.
Delivery & Delays
All orders will ship as soon as possible from the date the order is placed. Shipping dates are estimated. Seller is not liable for loss or damage due to delays caused by labor disputes, failure of supplier to meet scheduled deliveries, damage to facilities or any other cause beyond Seller’s judicious control. In the case Buyer has past due payments, the Seller reserves the right to delay shipment or refuse order.
Order Changes and Cancellations
Seller reserves the right to change or cancel any order when necessary. Cancelled orders will be communicated with Buyer. Seller reserves the right to make changes in materials and/or designs when deemed appropriate and/or necessary for products.
Indemnification & Safe Operation
In the event of damage to property, personal injury and/or harm to business arising from the use of the products, Buyer shall provide Seller with written notification within forty-eight (48) hours of incident. Buyer shall cooperate with Seller in investigating any such damage or injury, and in the defense of any claims arising from such an event.
In the case Buyer fails to comply with these terms and conditions, or if any injury or damage occurs as a consequence of Buyer’s failure to comply with applicable federal or state safety requirements, Buyer shall insure and hold Seller harmless against any claims, loss or expenses related to damages and injuries as a consequence from the use or misuse of HCO Industries products.