Standard Terms & Conditions of Sale
The network of Web Sites (collectively, the “P&G Web Sites”) and printed catalogs operated by ScaleMarket or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. Scalemarket catalog and web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Scalemarket catalog and/or Web Sites constitutes your agreement to all such terms, conditions, and notices.
Your use of a particular Globind catalog and/or website included within the Scalemarket catalog and /or Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Scalemarket Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Scalemarket website, then these terms shall control.
2. AVAILABILITY AND PRICING:
Product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon the Company until accepted by an authorized representative of the Company. Prices listed and charges discussed herein are in U.S. dollars. Some products may not be available for shipment inside or outside the United States. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
The Company may also change or modify these Terms and Conditions of Sale from time to time without notice. If ordering from the Company’s catalog, the prices shown therein reflect the latest information available at the time of the printing of the catalog or uploading of an electronic catalog. Customers using electronic catalogs agree to immediately upload updated versions upon receipt from Company. Prices charged will be those prevailing when an order is placed regardless of method of order. For scheduled deliveries over 45 days, the Company reserves the right to charge the Customer the price of the products at shipment if higher.
The Company’s quoted prices do not reflect the cost of accommodating Customer’s purchases via credit card or any third-party procurement services, software or ecommerce providers and the Company may accordingly pass through the additional charges incurred as a result of Customer’s use of such purchasing methods. Prices shown do not include any Federal, State or local taxes or any present or future sales, use, excise, value-added or similar taxes.
Where applicable, such taxes shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes will be added, as required by law. The Company charges local sales tax unless Customer has a valid sales tax exemption certificate on file with the Company. Selected products containing precious metals are subject to a surcharge.
3. ORDER FORMS AND PURCHASE ORDERS
We encourage you to use our Order Form, on page 240, which is a one page document. (download is available at Globind To open the Order Form, you’ll need Adobe Acrobat Reader.) If you have access to Globind you can enter an order directly online.
Orders are normally prepaid by credit card, check or wire transfer. All international orders from new customers must be prepaid before any shipment. If you wish to place an order on other than prepaid terms, we must receive an authorized purchase order in “hard copy” form (by fax or mail), with an assigned P.O. number.
The P.O. must specify payment terms of Prepaid. We will not accept purchase orders that specify warranty or performance conditions that conflict with our Licenses, Limited Warranty, and terms for goods or services.
We will review, and we may or may not accept purchase orders that require our compliance with regulatory requirements due to state agencies, government contracts and the like. Under U.S. law, we are a small business, but not a minority, women, veteran or disabled owned business. Government agencies: Please see our schedule information.
4. PAYMENT METHODS AND TERMS
You may pay our invoices by any of the following means:
Credit Cards: American Express®, MasterCard®, VISA®, Discover® , Paypal, and Government purchase cards.. We authorize credit cards with AVS, so we must have the billing address of the credit card, with Zip code if available.
Checks: Checks in payment of invoices in U.S. dollars must be drawn on a U.S. bank, and must bear a routing number for clearance through the ACH (Automated Clearing House) system.
Wire/Electronic Payment: For wire or ACH information for payment of invoices, please contact us.
Money transfer: Western Union and Money Gram transfers are welcome, please contact us for details.
All the prices do not include Florida sales, use, excise or similar taxes. Consequently, in addition to the price specified the amount of any present or future sales, use, excise or similar tax applied directly to the sale hereunder shall be paid by the Buyer or in lieu thereof the Buyer shall provide a tax-exemption certificate acceptable to the taxing authorities.
Most items throughout this catalog are available at discounted prices when you order them in quantity, or you are a qualified buyer or dealer Note: To access these discounts please contact our representative.
Returning product to ScaleMarket is easy. Please follow the simple procedures below to return product for replacement product or for a credit to your account, at your option:
Please call your Globind Customer Service Representative to obtain a Return Merchandise Authorization number (RMA) prior to returning product. Sorry, ScaleMarket cannot accept any product returns without a RMA. For all nonwarranty related returns:
- Returns must be made within 30 days of the original invoice date.
- All returned product must be in the original packaging and in resalable condition.
- “Not In Catalog Items” and all products specified as “NonCancelable/NonReturnable” (NC/NR) are not returnable.
- Return freight charge must be prepaid. C.O.D. returns cannot be accepted.
- Office Headquarter is Miami, FL 33122 U.S.
- Warranty related return procedures will be determined by the manufacturer’s warranty policy for the applicable product. Please contact your ScaleMarket Customer Service Representative for details.
7. INTERNATIONAL ORDERS
Export orders under $100.00 are subject to a $25.00 handling charge. Export orders requiring special handling, packaging, and documentation are subject to additional charges. Export orders are accepted on the basis of payment in advance of shipment by a check in U.S. funds, wire transfer, international money order or credit card. Prices are FCA Company Warehouse in accordance with Incoterms 2000 and do not include insurance, freight, brokerage, duty or taxes.
8. EXPORT CONTROLS
Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of reexport, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, reexport or import as may be required.
9. SHIPPING, HANDLING & DELIVERY
Unless otherwise specifically provided, delivery of products shall be made F.O.B. Manufacturer’s plant for domestic shipments and (Incoterms 2000) FCA for international shipments. Title and risk shall pass to Buyer at that time. Shipments made F.O.B. Manufacturer’s plant shall be at the risk of the Buyer, who shall make all claims to the carrier in the event of damage to shipped material or losses in transit. Buyer shall notify Seller in writing relative to any shortages, within 5 days from receipt of shipment.
Shipping dates are approximate and are dependent on: (i) prompt receipt by Seller of all information required for Seller to proceed with work immediately and without interruption; (ii) Buyer’s compliance with payment and other terms of Buyer’s performance obligations; and (iii) Buyer’s timely submission of any required export/import documents that Seller may require. In the event Seller can deliver any item quoted herein early, Buyer shall accept such early delivery as if so scheduled for the actual time period in which shipped. Seller will use its best efforts to deliver as specified herein but shall not be liable for delays in delivery occasioned by force majeure or any cause beyond its control.
10. HAZARDOUS APPLICATIONS PROHIBITED
THE COMPANY’S PRODUCTS ARE NOT RECOMMENDED OR AUTHORIZED FOR SAFETY, LIFE SUPPORT, SURGICAL IMPLANT, NUCLEAR, MILITARY OR COMMERCIAL AIRCRAFT APPLICATIONS, OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY, UNLESS AN AUTHORIZED OFFICER OF THE MANUFACTURER HAS SIGNED AN AGREEMENT SPECIFICALLY GOVERNING SUCH USE. CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR USE IN SUCH APPLICATIONS AND AGREES TO INDEMNIFY THE COMPANY AND THE MANUFACTURER OF THE PRODUCTS FOR ALL DAMAGES THAT MAY BE INCURRED DUE TO USE OF THE COMPANY’S PRODUCTS IN THESE PROHIBITED APPLICATIONS.
11. WARRANTY & LIMITATION OF LIABILITY
Products are sold by the Company with such warranties as may be extended by the manufacturer of the product(s), and there are no warranties for value added services, services bundled with the products, or other services provided by the Company. COPIES OF THE MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if the products are in any way altered or modified after delivery by the Company.
THE COMPANY’S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within 1 month from the date of purchase or provision of the products or services.
If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company’s giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. In order to maintain quality Customer service, the Company may monitor or record telephone calls and other communications.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including, without limitation, in catalogs, on web sites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but will not form part of this Agreement. If the Descriptions of any products differ from the manufacturers’ description, the latter shall be deemed to be correct. The Company relies on such information, if any, as may have been provided to it by the manufacturers of the products and accepts no liability in contract or tort, or under statute, regulation or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise.
The Company may make changes to the products as part of a program of improvement or to comply with legislation. This information is of a general nature and is not intended to address the circumstances of any particular individual or entity. No one should act on such information without appropriate professional advice. Please see our website, www.ScaleMarket.com, for updated information and a current listing of compliances in products. The information contained on our website supersedes the information contained in any ScaleMarket printed catalog or other publication.
13. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ScaleMarket shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ScaleMarket shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ScaleMarket shall immediately issue a credit to your credit card account in the amount of the charge.
13. INTELLECTUAL PROPERTY RIGHTS
The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
The Company’s entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein.
Except as stated below, none of the materials in the Company’s catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company.
Customer may download, store, print and copy selected portions of the content in the Company’s catalog(s) and website(s) provided Customer: (1) only uses the content downloaded, stored, or printed for furthering Customer’s business with the Company; (2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site; (3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and (4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
14. TRADEMARK RECOGNITION
The Company agrees only to be subject to the “mandatory flow down” provisions found in FAR Section 52.244-6. The Company does not agree to be subject to any DFAR.
15. FORCE MAJEURE
The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.
16. GOVERNING LAW
This Agreement and any sales hereunder shall be governed by the laws of the State of Florida without regard to conflicts of law rules and venue shall be in the federal and state courts of Dade County, State of Florida, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.
17. DISPUTE RESOLUTION
Actions by the Company for nonpayment by the Customer of the purchase price of products sold by the Company, or for redress of other breaches by the Customer of these Terms and Conditions of Sale may be brought by the Company, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at the Company’s option, disputes between the Company and the Customer, including all claims for nonperformance by the Company, shall be finally settled by arbitration in Miami, Florida, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Commercial Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Florida, U.S.A.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Company’s failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company’s rights hereunder, shall not constitute a waiver of any of the Company’s rights or remedies under this Agreement.
20. NO THIRD PARTY BENEFIT
The provisions set forth in these Terms and Conditions of Sale are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.