STATEMENT OF POLICY
TERMS AND CONDITIONS OF SALE
General. Jaeckle Wholesale, Inc. (“Seller”) is a wholesale distributor of floor coverings and surfacing materials. Seller sells Products only to companies which (a) sell a product or combined product/service to either the contractor, the general public, or other commercial entity, or (b) maintain a business location which is open to the public during normal business hours and/or is recognized as an established outlet whose intent is to sell to general contractors, the general public, or other commercial entities (a “Purchaser”). Purchase of Seller’s Products shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by an authorized representative of Seller.
Acceptance. Seller’s acceptance of Purchaser’s purchase order is conditioned on Purchaser’s acceptance of the terms and conditions herein. To the extent the terms and conditions herein conflict with Purchaser’s purchase order, the terms and conditions herein shall prevail. Failure of Seller to object to any terms or conditions in Purchaser’s purchase order shall not be construed as a waiver of the conditions herein, nor as acceptance of Purchaser’s terms and conditions.
Credit. All orders accepted by Seller are subject to credit approval. Purchaser credit lines are not established until Seller receives and approves a signed credit application from Purchaser. Seller reserves the right to set minimum annual purchase levels as part of providing an open credit line with Purchaser.
Taxes. In addition to the purchase price, Purchaser is responsible for paying any federal, state and local sales, excise, use or other taxes arising from the sale or delivery of the Products or the use thereof, unless an appropriate exemption certificate is provided to Seller.
Pricing. Purchaser should confirm Seller pricing at the time the order is placed. Prices of Seller’s Products are those in effect at the time of order confirmation and are subject to change without notice. Seller will use its best efforts to make available up-to-date pricing information on Seller’s website.
Delivery. Seller will use its best efforts to ship Products or make them available for pick up at Seller’s location during regular business hours, in accordance with Purchaser’s request. However, delivery dates are not guaranteed. Seller reserves the right to deliver Products in one (1) shipment unless otherwise agreed upon at time of order. Orders are subject to partial shipment in Seller’s sole discretion. If an order has multiple releases specified by the Purchaser, each release will be treated as an individual order, relative to freight allowance and minimum billing. For product shipped directly from the manufacturer, delivery dates are estimated based upon information available from the manufacturer. Purchaser is responsible for all delivery costs incurred on direct shipments.
Payments. Payment terms are net 30 days unless otherwise stated on invoice. Special discounts offered are on Products only and do not apply to delivery costs or taxes. Seller may stop delivery at any time in the event Seller, in its sole discretion, has any doubt as to Purchaser’s willingness or financial ability to meet the above payment terms, and Seller may require a deposit of cash or other assurance of payment prior to the delivery date. Service fees of 1.5% per month or the highest rate allowed by law, whichever is less, will be added at the end of each month for unpaid invoices more than 15 days past due.
Purchaser will be charged a fee of $40 and forfeit any cash discounts for checks returned for non-sufficient funds. In the event Purchaser’s account is placed for collection, Purchaser shall pay a sum equal to five percent (5%) of such unpaid balance as a service fee plus Seller’s costs and reasonable attorneys’ fees incurred by Seller. In case of any lawsuit against, or insolvency of Purchaser, or any material change of ownership of Purchaser, all of Purchaser’s accounts and invoices shall become immediately due and payable. Disputes arising between Seller and Purchaser shall be governed by and interpreted in accordance with the laws of the State of Wisconsin. Venue for any and all proceedings between Seller and Purchaser shall be in the state and federal courts Dane County Wisconsin and Purchaser expressly submits to the jurisdiction of said courts.
Returned Goods. All Product returns are subject to Seller’s prior written approval and require a Return Authorization number issued by Seller. Flooring returned goods are subject to a minimum 25% or $50 restocking fee, whichever is greater. Handling and freight charges are the responsibility of the Purchaser. Product must be returned within sixty (60) days of invoice date with packaging and material received in the same condition as it was delivered to Purchaser. Special order items and quantities, non-stock or dropped material, unfinished wood, commercial sheet vinyl, and promotional materials or rolls are not returnable. Only full cartons may be returned for flooring products unless material was sold in broken cartons. Returns of cuts, rolls, or roll balances of sheet vinyl must be over 30 square yards. All cash and billed cash sales are final with no returns accepted. Return policy is subject to change at the discretion of Seller.
Billing Questions / Disputes / Complaints. Seller and Purchaser will make good faith efforts to promptly resolve billing questions and disputes. Claims by Purchaser for shortages or damaged Products must be noted on the freight bill prior to signing for receipt of the Products. Any concealed, damaged, or shorted claims must be made by Purchaser to Seller within 48 hours of Product receipt. Consumer complaints should be inspected by the Purchaser immediately after receipt of such a claim, and an inspection report should be filled out. If a manufacturing defect is suspected, the Seller’s Sales Representative should be contacted by Purchaser for guidance on how to proceed.
DISCLAIMER OF WARRANTY. SELLER MAKES NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, WORKMANSHIP, AND MERCHANTABILITY OF THE PRODUCTS, AND FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY PURCHASER. PURCHASER SHALL HAVE THE BENEFIT OF ANY MANUFACTURER’S PROMISES AND WARRANTIES TO THE EXTENT SUCH WARRANTIES APPLY TO PURCHASER. SELLER SHALL NOT BE LIABLE TO PURCHASER FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OFANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THE PRODUCTS, BREACH OF WARRANTY OR CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. PURCHASER’S PAYMENT AMOUNTS TO SELLER FOR THE PRODUCTS REFLECT THE ALLOCATION OF RISK CONTAINED HEREIN.
Contingencies Delay or failure of Seller to perform any contract in accordance with its terms shall be excused if caused by fire, flood, differences with workmen, riot, insurrection, war, act of any government authority, inability or failure of Seller’s supplier(s) to make deliveries, act of God, or any cause beyond the control of Seller whether the same or different from those set forth above.
Terms and conditions of sale are subject to change without notice.