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STANDARD TERMS AND CONDITIONS OF SALE (“Terms”)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
SCOPE OF AGREEMENT. These Terms apply to the purchase and sale of products (“Merchandise”) through https://bigirrigation.com/ (referred to as the “site”) of Big Irrigation Supply (referred to as the “Supplier”). By placing an order for such products through this site (the “Order”), Buyer agrees to be bound by and accepts these Terms. All references in this document to “Buyer” include all parent(s), subsidiaries, and affiliates of the entity placing the order. These Terms are subject to change by the Supplier without prior written notice at any time, in Supplier’s sole discretion. The latest version of the Terms will be posted on this site, and Buyer should review these Terms prior to purchasing any product that is available through this site. These Terms are an integral part of the Terms of Use that apply generally to the use of this site. All sales to Buyer are subject to these Terms, which shall prevail over any additional or inconsistent terms of Buyer’s purchase order or other Buyer documents. Additional or different terms and conditions in any way altering or modifying these Terms are expressly rejected by Supplier and shall not be binding upon Supplier unless specifically accepted in writing by Supplier authorized representative. These Terms are binding on the parties and their successors and permitted assigns. No representations, inducements, promises or agreements, oral or written, have been made by Supplier, or anyone acting on behalf of Supplier, that are not contained herein, and any prior agreements, promises, negotiations, or representations between the parties are superseded by these Terms. Buyer acknowledges and agrees that it has not relied on any representations, inducements, promises or agreements, oral or written, by Supplier, or anyone acting on behalf of Supplier, that are not contained herein. Buyer is expressly limited to these Terms notwithstanding any contrary provision contained in Buyer’s purchase orders, invoices, acknowledgements or other documents. The details of the Merchandise (e.g., quantity, price, and product specifications) shall be set forth in the relevant Order.
ORDER ACCEPTANCE AND CANCELLATION. Buyer’s receipt of an electronic or other form of order confirmation does not signify Supplier’s acceptance of Buyer’s Order, nor does it constitute confirmation of Supplier’s offer to sell. Suppler reserves the right at any time after receipt of Buyer’s Order to accept, decline, or limit Buyer’s Order for any reason, whether or not Buyer’s credit card has been charged. If Buyer’s credit card has been charged and the Merchandise is canceled, Buyer will receive a prompt refund credit to Buyer’s account. Supplier reserves the right at any time after receipt of Buyer’s order, without prior notice to Buyer, to supply less than the quantity Buyer ordered of any item. Orders less than $100.00 not including applicable freight, handling, and other costs, may be declined in Supplier’s sole discretion. Such minimum order amount is subject to change from time to time at Supplier’s sole discretion. New Buyers are required to place a minimum order to activate their account with Supplier. The amount is determined by Supplier in its sole discretion and is subject to change without notice. Canceled orders may be subject to a charge for expended costs for freight and any restocking or handling charges. Special orders may be subject to restocking charges greater than 20% as required by the specific manufacturer. Supplier has no obligation to accept returns on canceled orders and maintains at Supplier’s sole discretion the right to demand that the Buyer accepts delivery of canceled shipments.
PRICING. All prices shown in published price lists are wholesale list prices unless otherwise indicated. Quoted prices and/or discounts from list price are firm only on a unit basis and only for a maximum of 10 days from the date of quote unless otherwise indicated in writing on the quote form. Supplier constantly updates and revises its offerings of products, and Supplier may discontinue products at any time without notice. To the extent that Supplier provides information on availability of products, Buyer should not rely on such information, and Supplier will not be liable for any lack of availability of products that Buyer may order through the site. All pricing for the products available on the site is subject to change. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Supplier to any federal, state or local authority. Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price, and Buyer shall reimburse Supplier for any such tax or provide Supplier with an acceptable tax exemption certificate. All prices and other terms provided to Buyer shall be kept confidential except to the extent a party is required by law to disclose the same.
TERMS OF PAYMENT. Full payment is required before your order can ship. Payments are made online by credit card or credit related services.
FREIGHT, TITLE AND RISK OF LOSS. Title passes from Supplier to Buyer when materials leave Supplier’s shipment point (including manufacturer point of origin for direct shipments) for all will call and common carrier/freight-collect shipments. Buyer will reimburse Supplier for all costs of shipment from FOB shipping point. For Supplier deliveries with its owned/leased vehicles, title passes upon actual delivery to job site or Buyer’s place of business as directed by Buyer. Buyer must sign the sales order/delivery receipt prior to release of materials for will call and Supplier deliveries. Upon receipt of materials, Buyer must record any damage or shipment discrepancy on the delivery receipt and have the driver acknowledge by initialing the change. Buyer must promptly file a freight claim for the damage and/or shipment discrepancy with the common carrier (if applicable). Buyer will not deduct any monies from the payment due Supplier as a result of shipment damages and/or discrepancies unless given prior written authorization. Supplier shall not be responsible for conditions beyond its control including, without limitation, manufacturer’s shipping demand. All shipping dates are approximate. All deliveries by Supplier’s owned or leased vehicles are subject to a delivery charge.
WARRANTY AND RETURN POLICY. Most of the products available through the site are covered under the manufacturer’s warranty, which is detailed in the product’s description or at the manufacturer’s official website. If applicable, manufacturer’s warranties apply from the date of shipment. Buyer understands that Supplier does not operate or control the products offered by the manufacturers participating on the site, and Buyer agrees that under no circumstances will Supplier be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to Buyer under any warranty, repair, customer support or similar policies covering products that Buyer may purchase through the site. While Supplier does not offer any warranties with respect to the products available through the site, Supplier is committed to working with Buyer to ensure that every product under warranty performs to the manufacturer’s specifications. Supplier offers a limited return policy on all items sold on its site. To return products, Buyer must obtain prior authorization to return Merchandise within thirty (30) days of receipt of the product by Buyer. To obtain the authorization to return Merchandise, Buyer must call Supplier at 213-600-8457, or e‐mail Supplier’s Returns Department at orders@bigirrigation.com within thirty (30) days of Buyer’s receipt of the Merchandise. Upon receiving timely authorization to return the Merchandise, Buyer must deliver the Merchandise to Supplier within ten (10) days after receipt of the authorization to return the product. NO returns of any type will be accepted unless Buyer has obtained prior authorization to return the, and Buyer has delivered the Merchandise to Supplier within ten (10) days following the receipt of the authorization to return the Merchandise to Supplier. For faster service, please have the following information on hand when requesting authorization to return a product: customer name, invoice or order number, SKU number, and the reason for returning the Merchandise. Buyer is responsible for a 30% restocking fee on returns of non‐stock and specialty order items. All returned Merchandise MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. Buyer is responsible for shipping and freight charges on returned items; Supplier will match Buyer’s shipping method on Buyer’s replacement or exchange item(s). Buyer must insure the shipment or accept the risk of loss or damage during shipment. Supplier strongly recommends that Buyer fully insure Buyer’s return shipment against loss or damage and that Buyer use a carrier that can provide Buyer with proof of delivery for Buyer’s protection. If the Merchandise arrives in a damaged condition from shipping, save the Merchandise AND the original box and packaging in which it arrived, and notify Supplier immediately to arrange for a carrier inspection and a pick‐up of the damaged Merchandise. If the Buyer receives DEFECTIVE Merchandise, the defective Merchandise may be returned to Supplier only if (i) Buyer receives authorization from Supplier to return the defective Merchandise within thirty (30) days of receipt, and (ii) Buyer delivers the defective Merchandise to Supplier within ten (10) days after obtaining authorization from Supplier to return the Merchandise. Thereafter, Supplier will return the defective Merchandise to the manufacturer where it will be inspected and tested by the manufacturer to determine if the Merchandise is in fact defective. If the manufacturer determines that the Merchandise is defective, then Buyer may be entitled to a credit, replacement, exchange or repair of the Merchandise in accordance with the warranties and policies of the manufacturer applicable to such Merchandise. If the Buyer fails to timely return the defective Merchandise to Supplier, then Buyer must contact the manufacturer directly or the manufacturer’s appropriate warranty service provider for instructions regarding the return of such item. Questions regarding manufacturer’s warranties and return policies of Supplier should be addressed via e‐mail to orders@bigirrigation.com. These policies set forth Buyer’s sole and exclusive rights with respect to return of Merchandise that Buyer may purchase through this site.
INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by Supplier as of the date of the Order or made or conceived by employees, consultants, representatives or agents of Supplier during the term of this agreement shall be and remain the sole and exclusive property of Supplier. By submitting any content to Supplier, via this site or otherwise, you represent and warrant that: you are the sole author and owner of the intellectual property rights thereto; all “moral rights” that you may have in such content have been voluntarily waived by you; and use of the content you supply does not violate this agreement and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; or that contains any computer viruses, worms or other potentially damaging computer programs or files.
ADVERTISING DISCLAIMER AND TRADEMARKS. The descriptions of products that are posted on the site are the representations of Supplier’s suppliers. Supplier is not responsible for the accuracy of such descriptions, nor is Supplier responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Supplier’s suppliers, Supplier shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Supplier shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Buyer’s credit card charged. If Buyer’s credit card has already been charged for the purchase and the Order is canceled, Supplier will immediately issue a credit to Buyer’s credit card account in the amount of the charge. All trademarks, registered trademarks, photographs, and images relating to products available through the site are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers or the Supplier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THIS SITE ARE PROVIDED BY SUPPLIER, OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SUPPLIER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. BUYER EXPRESSLY AGREES THAT BUYER’S USE OF THIS SITE IS AT BUYER’S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPPLIER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THIS SITE, INCLUDING. BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES AND SUPPLIER’S
INDEMNIFICATION. Buyer shall indemnify, defend, and hold Supplier its officers, directors, employees and agents harmless from any and all costs (including attorneys’ and accountants’ fees and expenses), liabilities and damages resulting from or related to any third party (including Buyer’s employees) claim, complaint and/or judgment arising from Buyer’s use of any Merchandise furnished hereunder, as well as any negligent, intentional or tortious act or omission of Buyer or any breach by Buyer of these Terms.
NOTICE. Any notice sent pursuant to the Order or this agreement shall be sent by certified mail, return receipt requested; or by overnight mail to the addresses on the Order or to such address as either party may in the future designate.
ASSIGNMENT. Except as otherwise provided, the Order and this agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.
GOVERNING LAW. The Order and this agreement shall be governed by the laws of the State of Texas, without reference to conflicts of law principles. Any legal suit, action or proceeding arising out of or relating to the Order or this agreement shall be brought in Collin County, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. With respect to any litigation arising out of the Order or this agreement, the parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury and the prevailing party shall be entitled to recover its expenses, including reasonable attorney’s fees, from the other party.
FORCE MAJEURE. Supplier shall not be liable for delay or default in delivery resulting from any cause beyond Supplier’s reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of Merchandise, wars (declared or undeclared), acts of terrorism, manufacturers’ shortages, availability or timeliness of transportation, materials, fuels or supplies, and acts of God (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event: (a) the time for Supplier’s performance shall be extended reasonably and the parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased costs to Supplier resulting from such Force Majeure Event; and (c) Buyer shall not be entitled to any other remedy.
SEVERABILITY AND SURVIVAL. In the event any provision of the Order or this agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this agreement will remain in full force and effect. These Terms shall survive termination, cancellation or completed performance of any Order as long as necessary to allow the aggrieved party to fully enforce its rights.
