Sales Terms and Conditions

Export Controls and Related Regulations.

Customer represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors.

Force Majeure.

SCREW PRODUCTS shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of SCREW PRODUCTS in the conduct of its business.

Foreign Principal Party in Interest; Freight Forwarder and Documentation.

It is specifically agreed that Customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Customer's agent in such capacity for Export Administration Act or other applicable purposes; and Customer and freight forwarder shall assume responsibility for all export or routed transactions documentation. At SCREW PRODUCTS's request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to them by SCREW PRODUCTS.

Governing Law; Limitations.

The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of Texas, United States, including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Not withstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.

Independent Contractors.

SCREW PRODUCTS and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, SCREW PRODUCTS.

LIMITATION OF LIABILITY.

ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. SCREW PRODUCTS'S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO SUCH LIABILITY. SCREW PRODUCTS'S PAYMENT OF SUCH AMOUNT SHALL BE THE FINAL AND EXCLUSIVE REMEDY IN THE EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT BE CONSTRUED OR ALLEGED BY CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

LIMITED WARRANTY:

ALL PRODUCTS SOLD ARE WARRANTED BY SCREW PRODUCTS ONLY TO CUSTOMERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE YEAR AFTER DATE OF PURCHASE FROM SCREW PRODUCTS, UNLESS OTHERWISE STATED. ANY PART WHICH IS DETERMINED BY SCREW PRODUCTS TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO A SCREW PRODUCTS DISTRIBUTION CENTER OR STORE, AS SCREW PRODUCTS DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT SCREW PRODUCTS'S OPTION. WARRANTY DISCLAIMER. ALTHOUGH SCREW PRODUCTS HAS USED REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE, AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS.

SCREW PRODUCTS EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SCREW PRODUCTS EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR PRODUCT MISAPPLICATION.

Manufacturers' Warranties.

The manufacturer warrants many of the products offered for sale to the final user. The manufacturers make available copies of any applicable warranties. SCREW PRODUCTS will furnish such warranties free of charge to Customers upon their request. Please send such requests to: SCREW PRODUCTS Technical Support, PO Box 972994, Dallas, TX 75397-2994 U.S.A. All requests must include the SCREW PRODUCTS part number and the manufacturer's model number (if shown) of each product for which a copy of the warranty is requested. SCREW PRODUCTS assumes no responsibility for the content of such warranties by performing this service.

Materials of Trade.

Customer represents that if it is purchasing goods as its "materials of trade," as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the goods shall be used in direct support of its business, such business does not concern transportation, and such goods shall not be resold or transported in a vehicle other than the one owned by itself unless it has been properly packaged, documented and declared to the carrier.

Modification of Terms.

All orders by Customer to purchase SCREW PRODUCTS products are subject to acceptance by SCREW PRODUCTS. SCREW PRODUCTS's acceptance of any order is conditioned upon Customer's assent to all terms and conditions applicable to the transaction. No additions or modifications of terms and conditions by Customer shall be binding upon SCREW PRODUCTS unless agreed to by SCREW PRODUCTS in writing. If a purchase order or other correspondence contains terms and conditions proposed by the Customer that are contrary to the applicable terms and conditions, SCREW PRODUCTS's acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the Customer, and will not constitute a waiver by SCREW PRODUCTS of any of the terms and conditions pursuant to which this agreement is made.

No Third Party Benefit.

The provisions stated above are for the sole benefit of SCREW PRODUCTS and Customer, and confer no rights, benefits or claims upon any person or entity not a party hereto.

No Warranties to Consumers.

SCREW PRODUCTS makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

Order Acceptance.

Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by SCREW PRODUCTS, or any of its United States affiliates and divisions ("SCREW PRODUCTS") at a continental United States facility or at any of its websites. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the United States and of the State where acceptance occurred in the United States.

OSHA Hazardous Substance & California Proposition 65 Product Information. 

Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available at a SCREW PRODUCTS distribution center or store, or by contacting SCREW PRODUCTS Products Technical Support, PO Box 972994, Dallas, TX 75397-2994 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. SCREW PRODUCTS, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. SCREW PRODUCTS disclaims any and all liability to any user.

Payment Terms. 

For customers with established credit, terms are net thirty (30) days from date of invoice. At SCREW PRODUCTS's option, export orders may be subject to special export payment terms and conditions. If credit is not established, please purchase using American Express, Discover, MasterCard or Visa. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. SCREW PRODUCTS shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, SCREW PRODUCTS may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.

Permits, Export, and Import Licenses.

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Act, Toxic Substances Control Act, or other applicable legislation or regulations; including but not limited to the Department of Defense or Department of State regulations.

Prices.

Prices are net wholesale prices and are subject to change or correction without notice. Pricing for Products destined for delivery outside of the contiguous United States may vary. Market sensitive commodity products are priced according to market conditions. No discounts off of the SCREW PRODUCTS catalog "each" price will apply to these Products. Customer should contact SCREW PRODUCTS or check online at www.ScrewProducts.com for current pricing.

Product Suitability. 

Many countries, states and localities have laws, codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in other areas. While SCREW PRODUCTS attempts to assure that products comply with all applicable laws, codes and regulations, SCREW PRODUCTS does not guarantee compliance, and is not responsible for how the product is installed or used. Therefore, Customer shall have the responsibility for compliance with all applicable laws, codes and regulations, including, without limitation, ANSI, CE, DIN, UL, NEC, FAA, DOT, NOM, IMDG, IATA, and CSA, regarding installation or use of products. Before purchase and use of a product, Customer must review the product application, and applicable laws, codes and regulations, to be sure that the product, installation, and use will comply with them.

Prompt Disposition. 

SCREW PRODUCTS will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, call or e-mail SCREW PRODUCTS, giving date and number of original invoice, part number, and describing the defect.

Quotations.

Quotations on large quantities are available upon request. Customer should contact SCREW PRODUCTS.

Sales Tax and Duties, Import Fees.

SCREW PRODUCTS is required to charge national, state, local tax, applicable duties, and import fees on products for which Customer has not provided valid exemption certification. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and fees and licenses, and expenses as may be applicable. When ordering, Customer shall indicate which products are tax exempt.

Security Interest. On any open account sale, Customer hereby grants to SCREW PRODUCTS a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to SCREW PRODUCTS. Customer agrees to file or permit SCREW PRODUCTS to file any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of SCREW PRODUCTS's priority lien or security interest. Customer agrees to inform SCREW PRODUCTS immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

Severability.

If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of SCREW PRODUCTS and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.

Shipping Charges (USA).

Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the contiguous United States, using a carrier of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the consignee. Items backordered from an order qualifying for prepaid shipping charges will be shipped prepaid. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged, in transit, consignee must file claim with the carrier.

Shipping Charges (Export).

Unless otherwise stated, shipping terms are EXW (as defined by International Chamber of Commerce Terms, 2000), SCREW PRODUCTS shipping warehouse. Customer shall be responsible for obtaining insurance. At SCREW PRODUCTS's option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Buyer's exclusive remedy. Title and risk of loss for products shall pass when made available to Customer on delivery to carrier in the United States; provided that if payment has not been made at the time of shipment, SCREW PRODUCTS shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Customer must file claim exclusively with airline, carrier, vessel and/or insurance company; provided, however, that if SCREW PRODUCTS has not received payment in full at the time the product is damaged in transit, SCREW PRODUCTS shall have the right to file claim exclusively with airline, carrier, vessel and/or insurance company.

Trademarks, Copyrights, and Domain Names.

Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of SCREW PRODUCTS, and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of SCREW PRODUCTS. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.

U.S. Foreign Corrupt Practices Act.

Customer acknowledges that it is an Independent Contractor, as defined above, and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of the products ordered.

Waiver, Choice of Law and Venue.

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Texas, excluding conflict of law rules, and venue shall be in Dallas County, State of Texas.

Wholesale Only.

SCREW PRODUCTS sells products to Customers for (i) resale, or (ii) use in business, government or original equipment manufacture. The warranties set forth above apply to the sale of such products. Possession of, or access to, any SCREW PRODUCTS catalog, literature or websites does not constitute the right to purchase from SCREW PRODUCTS. SCREW PRODUCTS reserves the right to correct publishing errors. Identification is required from all Customers. All references herein to the term "products" shall include services provided by SCREW PRODUCTS.