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    2. Terms & Conditions

    Terms & Conditions

    WARRANTY DISCLAIMER. BPH Pump and Equipment, Inc. (hereafter, "BPH") makes no express or implied warranties, including those of merchantability or fitness for a particular purpose, with regard to goods and products not manufactured by BPH Pump and Equipment. With regard to products manufactured by BPH Pump & Equipment, BPH warrants only that such products will be free of defects in material and workmanship for a period of one year from the shipment date. BPH makes no other express or implied warranties with respect to such goods.

    DUTY TO SELECT MATERIAL. To the best of BPH’s knowledge the information contained in this publication is correct. All information is based upon test and data provided to BPH by the manufacturer. BPH does not assume any liability whatsoever for the accuracy or completeness of such information. Final determination of suitability is the sole responsibility of the user. The manner of use is the sole responsibility of the purchaser, user and/or their engineer.

    TERMS OF SALE. Standard credit terms, upon the approval of our credit department, are 1% 10 net 30 days. Prices are subject to change without notice. Prices billed will be those in effect at time of order. All invoices not paid within 30 days, and credit accounts which are delinquent, shall be assessed a 1-1/2% service charge (or the highest legal rate under applicable state law) for each month the invoice is not paid for the account is delinquent. No contractor or other discounts apply unless expressly agreed to by BPH Pump and Equipment in writing or on the face of an invoice. No credit terms shall apply unless expressly agreed to in writing by BPH Pump and Equipment or on the face of an invoice.

    TERMS OF DELIVERY. BPH’s standard terms and conditions of sale include F.O.B. shipping point. This means that title to goods transfers to the customer when material leaves the shipping point. All freight damage or short shipment claims must be filed with the carrier involved, by the customer. BPH will assist in filing the claims when requested to do so by the customer. Concealed damage or shortages must be reported to BPH within 10 days of receipt of material. All transportation charges from the point of shipment of the purchased product are the responsibility of the purchaser unless specifically agreed to by BPH. Transportation charges will be made freight collect or prepaid and billed on our invoice as freight and handling to the purchaser.

    RETURNS & CANCELLATIONS. BPH recognizes that both material returns and order cancellations are a part of normal business activities and that an equitable arrangement must be established between manufacturer, distributor, and end user to facilitate sales while passing the associated costs of cancelled orders and returned material to the responsible parties.

    All returns are subject to prior written approval by and are at the sole discretion of BPH. All return material requests must include one of the following: the original customer purchase order number, the BPH sales order number. Return goods criteria are primarily based on the resale potential of the product as well as handling and repackaging costs. Standard items carry a restocking charge. Non-stock items are normally not returnable. If the product manufacturer agrees to take the product return from BPH the return will be subject to the terms and conditions of that manufacturer. BPH will always attempt to represent the customers and manufacturer’s interests in an effort to pass these costs on to the responsible party.

    All returned material must be in new condition, in original packaging and is subject to quality control inspection prior to acceptance. All transportation costs to effect returns will be borne by the party requesting the return. Any damage occurring in transit is between the carrier and the party requesting the return. BPH will assist in the resolution of such claims if requested to do so by the requesting party.

    BPH will deduct the amount of all approved returns from the invoice or account of the purchaser, less any transportation of handling charges. BPH reserves the right to refuse any goods returned to BPH without prior written approval. Unauthorized returns shall remain the purchaser’s responsibility and may be returned to the purchaser at their expense.

    All costs associated with any return or cancellation resulting from an error or omission of BPH will be borne by BPH. BPH will stand behind our commitment to the fair treatment of our customers and suppliers.

    DISCLAIMER OF DAMAGES FOR IMPROPER USE. BPH shall not be responsible for damage to its products, or damage caused by its products, resulting from improper installation, maintenance, unintended use or attempts to operate such products beyond their mechanical or electrical capacity, intentionally or otherwise, or by reason of unauthorized repair.

    DISCLAIMER FOR INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES. BPH shall not be responsible for any incidental, special or consequential damages caused by its products in any manner whatsoever.

    FURTHER TERMS AND CONDITIONS OF SALE. All sales by BPH are made by invoice. Each invoice, constitutes that the entire agreement between purchaser and BPH and supersede any prior of contemporaneous representations or agreements, written or oral. No additional oral or written terms, including any attempts by the purchaser to alter or modify an invoice or any other document relating to any sale, shall become a part of an agreement without the express written consent of BPH.