General Terms and Conditions dba SWS VidmarLista

General Terms and Conditions dba SWS VidmarLista

General Corporate Statement:

Please carefully review the following SWS VidmarLista Terms and Conditions and contact our Customer Service Department prior to issuing a purchase order if there are any questions and/or concerns. Please reference the SWS VidmarLista Quote/Proposal Number when placing your purchase order and on all related SWS VidmarLista correspondence! Compliance with any specific codes and laws is the sole responsibility of the buyer. SWS VidmarLista shall not be held responsible for providing the measures to modify equipment/machine to meet any specific code or law.

Acceptance:

Acceptance of this quote/offer is expressly limited to the Terms and Conditions herein and no different or additional terms contained in any purchase order, confirmation or other writing shall have force or effect unless accepted in writing and signed by the SWS VidmarLista management team. This agreement, any attachments, exhibits or schedules attached hereto, and any items incorporated herein or therein by reference, contain the entire agreement between Buyer and Seller, and no other agreement or understanding purporting to add to or modify the Terms and Conditions hereof shall be binding upon Seller unless agreed to by Seller in writing on or subsequent to the date of this Agreement.

Purchase Order Mailing Address: SWS VidmarLista

Lista Brand: 106 Lowland St / Holliston, MA 01746 – Email: orders [at] listaintl [dot] com
Vidmar Brand: 11 Grammes Road / Allentown, PA 18103-4760 - Email Address: orders [at] sbdinc [dot] com

Quoted Prices and Terms:

Prices quoted are in USD. Large projects may require an advanced order deposit!

Note: Terms and product specifications are subject to change without notice. Prices may change upon notice by the seller. Unless otherwise stated by the seller, prices are those in effect at the time of order receipt. If a shipment is delivered into a state that requires the seller to pay, or collect a sales tax/use tax, the tax will be added as a separate line item on the invoice, unless SWS VidmarLista receives an applicable sales tax exemption certificate. All orders are pending final approval by SWS VidmarLista– Allentown, PA.

Note: The customer shall be solely responsible for paying all applicable Taxes, Duties, Building Permit Fees, Plan Check Fees, and additional Fees for Professional Engineering Seals on drawings and calculations imposed upon this transaction directly to any taxing authority. Please note that these items are not included in the quoted product pricing.

Financing is available, for additional information please contact us at custserv3 [at] sbdinc [dot] com

Specifications:

All products are subject to Seller's standard tolerances for specifications. Seller reserves the right to make substitutions and modifications in the specifications of any products provided that such substitutions or modifications do not materially adversely affect the performance of the product for the purposes for which they can be used.

Excusable Delay:

Seller shall not be liable for any loss or damage resulting from any delay in delivery failure which is due to any cause beyond Seller's control including without limitation, acts of nature, unavailability of supplies or sources of energy, riots, wars, fires, floods, epidemics, lockouts, strikes and slowdowns, delays in delivery from suppliers, or acts or omissions of the Buyer. The Buyer shall be liable for storage charges, including but not limited to all third party costs and expenses incurred by the Seller, in holding or storing products for the Buyer or at the Buyer's request.

Payment Terms:

Payment Terms: Net 30 Days (Pending Approval by SWS VidmarLista)
Remit to Address: SWS VidmarLista/ P.O. Box 371744 / Pittsburgh, PA 15251-7744
Note: Credit Card Purchases are welcomed! (American Express, MasterCard and Visa)

Payment Terms: Wire Transfer at Time of Purchase Order (100%) or Approved Letter of Credit.

 

Remit to Payment: ACH and WIRE

Seller Company Information:
Name: SWS VidmarLista
Vidmar Address: 11 Grammes Road / Allentown, PA 18103-4760
Lista Address: 106 Lowland Street / Holliston, MA 01746
Duns #: SWS VidmarLista - #079417118
E.I.N. #: 52-1127357
Accounting Contact: Justin Daniels - Credit Specialist @ (Phone: 1-610-776-3862)

Financial Institution Information:
Bank Name: Bank of New York Mellon
Address: 500 Ross Street 154-0455 / Pittsburgh, PA 15251-7744
Contact: Customer Service @ (Phone: 1-412-234-4381)
ACH Coordinator: Sharon Freund @ (Phone: 1-412-234-4141)
Depositor Acct. Title: SWS VidmarLista
Depositor Acct. #: 9031508
ABA# (Routing #): 043000261
Swift Number: MELNUS3P
Account Type: CHECKING

IMPORTANT NOTE: PLEASE REFERENCE SWS VIDMARLISTA AND THE INVOICE NUMBER ON YOUR FINANCIAL TRANSACTION.

Freight, Tariffs, Duties, V.A.T. or any other Taxes are not included in the price of a submitted quotation from SWS VidmarLista.

Freight Terms:

Buyer Designated Carrier: FOB Origin (Freight Collect)
Truck: FCA, Allentown, PA / Vessel: FOB Allentown, PA

  • Note: Customer is responsible for Carrier Freight Damage in Transit and must file Freight Claim!

*Seller Designated Carrier: FOB (Freight Prepaid and added to the Invoice.)

*Note: Equipment must be inspected upon receipt by buyer and seller be notified at (1-800-523-9462) of any errors and/or damages within (10) days after buyer's receipt. After notification, it will be determined if a Return Authorization (RA #) will be issued from the Customer Service Department. In the event a Return Authorization Number (RA) is issued, errors and/or damaged materials must be returned via the delivering carrier with the (RA) number listed on the goods to be returned. Note: Any freight charges incurred returning materials via an unauthorized carrier will be assumed by the buyer.

Title and Risk of Loss: Insurance:

Title to Products shall transfer from Buyer upon shipment, but Seller shall retain a security interest in the Products until Buyer has fulfilled all of its obligations under this Agreement, including making payment in full to Seller for Products and Services hereunder. Buyer shall maintain insurance covering the Products against loss by fire, theft or any hazard in an amount equal to the purchase price of the Products from the time of shipment until Buyer has made payment in full to Seller for all Products and Services.

Colors:

Cabinets: Standard Colors are available at no additional charge. Selections of special catalog colors are also available, subject to a minimum of $250.00 net charge, per color, per order.
Standard colors may be viewed at the following links:
Lista Brand: http://www.listaintl.com/resource-center/product-support/colors
Vidmar Brand: http://www.stanleysws.com/see-it-work/choose-your-colors

STAK Storage System: Standard Colors are available at no additional charge. Selections of special catalog colors are also available, subject to a minimum of $400.00 net charge, per color, per order. Additional custom colors requested will be quoted on an individual basis and will affect delivery times.

Cancellations:

If an Order Cancellation request is made within (2) weeks of the scheduled shipment, there's a minimal 25% Cancellation Charge. As well, no Cancellations are accepted for Specials and Custom Painted Parts. Any Cancellation request with an Order value over $5,000.00, approval will be based on a final agreement by SWS management's discretion.

Customer will pay all freight expenses if product has been shipped or received.

Cancellations for Custom Product are subject to a 100% Cancellation Fee.

Returns:

No merchandise is to be returned without advance written authorization from SWS VidmarLista's Customer Service Departments. Authorized returns must be new, un-used and in good condition. A 25% remanufacturing charge will be deducted from the return credit. Authorized returns must be sent to SWS VidmarLista, freight prepaid. Returned shipments must have been purchased from SWS VidmarLista within (4) months of the requested return. Obsolete and/or special products (Special Paint, Finish or Non Cataloged Parts) may not be returned.

Product Storage Fees:

The following Product Storage Fees will be applied on SWS VidmarLista Orders that are delayed to ship within (2) weeks of a scheduled manufactured and ship date:

Less than Trailer Loads: (Note: Typically are Orders where products can be stored inside SWS facilities, providing there is available storage space!)

  • 1% of Order Net Value Per Day / 5% of Order Net Value per Week

Trailer Loads: (Note: Typically are larger Orders which are stored in rented insured trailers and are located on SWS premises!)

  • Minimum: $500.00 per Week per Trailer

Safety:

Buyer shall not modify, deface, obscure, or remove and shall at all times maintain, any and all written safety instructions or signage furnished by Seller and included on or with any Products.

Field Service and Installations:

Installation. Unless otherwise specified, Seller assumes no obligation to install any products sold or to place any products in working order at Buyer's premises. In the event that Seller's products are installed by Seller or its designated third-party installer, such installer shall be responsible for any direct damages incurred by Buyer in the event of improper installation or the installer's negligence. Seller or its designated third-party installed shall not, however, have any liability hereunder for any incidental, indirect or consequential damages arising out of the installation of the products. If Buyer designates the installed, Seller shall have no liability arising out of or in connection with the installation of the products, and Buyer hereby waives any such claims against Seller.

For additional Conditions, please refer to the SWS VidmarLista Field Service and Installations Terms and Conditions Statement.

International Transactions:

Please refer to the SWS Vidmar Lista International Terms and Conditions Statement.

Scope of these Terms and Conditions:

Unless otherwise agreed to in writing, this will constitute the entire Terms and Conditions upon acceptance of any order, regardless of the terms, stipulations, etc in any request for quotations, or as may appear in any order from now or later submitted by the buyer.

Product Guarantee:

*"Lifetime" Storage Cabinet Guarantee:

All SWS VidmarLista storage cabinets are backed by a lifetime guarantee against defect of any kind. Lifetime cabinet guarantee does not cover damage caused by misuse or damage caused by excess of manufacturer's recommended capabilities.

All SWS VidmarLista Modular Storage Cabinets and related equipment are guaranteed against defect to the original purchaser. Under this guarantee, SWS VidmarLista's obligation is limited to repair or replacement of defective parts. This guarantee does not include damage caused by misuse or damage caused by use in excess of recommended capabilities.

Lifetime Warranty excludes all Tambour Doors and all Electrical Components which carry a 2 year Warranty.

*"Limited" Vertical Storage Equipment Warranty:

All STAK, Adjustable Rack, VLM, Vidir, and Mezzanines are backed by a (1) year warranty against defect to the original purchaser. Under limited warranty, Stanley SWS VidmarLista's obligation is limited to repair or, replacement of defective parts. Limited warranty does not include damage caused by misuse or, damage caused by use in excess of manufacturer's recommended capabilities.

SWS VidmarLista warrants that storage equipment supplied by SWS VidmarLista shall be free of defects in workmanship and material for period of (1) year from equipment clearing customs in the United States or Canada. During the warranty period and upon satisfactory proof of claim by Customer, SWS VidmarLista will replace parts for (1) year and supply necessary labor for (1) year for any moving part proving defective in material or workmanship, subject to the following conditions: (a) Customer shall return defective equipment and components to SWS VidmarLista upon request, (b) This warranty applies only to equipment properly used and maintained and does not apply to any equipment which has been subjected to misuse, neglect, or accident, or which has been installed, operated, repaired, altered or modified other in accordance with instructions or written authorization by SWS VidmarLista. This warranty does not apply to any equipment or components not supplied by SWS VidmarLista.

Disclaimer and Limitation of Liability: These warranties comprise the sole and entire warranties pertaining to storage cabinets and storage equipment supplied by SWS VidmarLista. SWS VidmarLista makes no other warranty, guarantee, or representation of any kind whatsoever pertaining to the storage cabinets and storage equipment. All other warranties, including but not limited to merchantability, fitness for particular purpose, and non-infringement, whether express, implied, or arising by operation of law, trade usage, or course of dealing, are hereby expressly disclaimed by SWS VidmarLista. Notwithstanding any of the provisions of this agreement or and incorporated documents, in no event shall SWS VidmarLista be liable for any exemplary, special, consequential, or incidental damages, including but not limited to loss of business or profits, loss of use of data, regardless of the form of the action, whether in contract or in tort.

Legal Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey.  Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: in the Disclaimer and Limitation of Liability Section, the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.

*Additional Warranty Considerations for International Sales:

If any SWS VidmarLista products will be placed in storage for a period of time prior to installation, SWS VidmarLista must approve the site storage location, conditions and environment for the SWS VidmarLista Product Warranty to be valid and enforceable.

*SWS VidmarLista will be utilizing Expeditors International as the Freight Forwarder should this become an order. If the customer wishes to use their own designated Freight Forwarder, the customer must issue a written authorization (See Below) to SWS VidmarLista to file all Export documentation on their behalf for the submitted order.

The Customer shall not solicit sales of SWS VidmarLista Products, or promote their sale, resale or distribution, into Iran, Sudan, Syria, Cuba or North Korea, either directly or indirectly.

The Customer agrees to comply with the provisions of all laws, codes and regulations applicable to the sale, resale or distribution of the SWS VidmarLista Products in the territories where the Customer operates.

The Customer shall not make payments to any government officials for the purpose of influencing the officials in making a business decision favorable to Stanley Black & Decker, dba SWS VidmarLista. Furthermore, the Customer acknowledges that certain laws of the United States such as the U.S Foreign Corrupt Practices Act impose fines or penalties on Stanley Black & Decker in the event that Stanley Black & Decker or anyone acting on behalf of Stanley Black & Decker makes payments to foreign government officials for the purpose of influencing those officials in making a business decision favorable to Stanley Black & Decker. In addition, Stanley Black & Decker and Customer may be subject to similar laws or requirements of the country of destination of the Products.

The Customer represents and warrants that it does not and will not engage in corrupt business practices, money laundering or the aid or support of persons who conspire to commit acts of terror against any person or government.

 

Last updated:  September 2016