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Terms & Claims

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Terms and Conditions
 
Acceptance of Order
  • Buyer’s order is accepted subject to these terms and conditions. No additions, deletions or amendments to these terms and conditions will be binding without US Energy Sciences’ (USES) written approval.
 
Ordering
  • All orders must be submitted in writing, using Buyer’s company Purchase Order. All orders must include:

• Product catalog number, quantity and price
• Contact name, email, and/or fax number to send order confirmation
• Billing Address 
• Shipping Address
• Requested ship/delivery date and any special instructions 
• Purchase Order Number 
• Authorized Signature
 
  • USES encourages ordering in “case quantities,” i.e. carton, bags, etc. Orders are subject to a broken case charge. Contact your sales representative or Customer service for charges.
  • USES will provide an order confirmation via fax or email. Customer must review the order for accuracy.
  • Any discrepancies or required changes in the order must be reported to Customer Service by calling 800-537-1629 or via fax at 866-390-9100.
  • Any discrepancies not reported within 48 hours of receipt of order will be the responsibility of the Customer. Replacement order may be subject to additional freight charges. 

Payment Terms
  • Minimum order for billing is $50.00
  • USES products are sold on NET 30 day terms with prior credit approval. Otherwise sales are pre-paid or COD. Late payments on all credit arrangements will incur a late charge of 1.5% per month.
  • In the event a re-bill is needed for an order, the re-bill will reflect the original invoice date. Shipping documents reflect the original pickup date (ship date) and cannot be changed. The ship date is also the invoice date.
  • Extended payment terms may be granted upon approval by the Credit Manager at the time the purchase order is submitted to USES.
  • USES Accepts Visa or Master Card. Minimum credit card charge is $50.00.
  • Any account having a balance due that is past due or has unauthorized payment deductions may be placed on credit hold.
  • Discounts may be available by contacting the Credit Manager. An account must be established with a credit limit and terms in order to be eligible for the discount. Accounts with terms that are paid in full with a cash or check payment within 10 days from invoice date will receive a 2% discount on their order.  Those who pay within 15 days of invoice date will receive a 1% discount.  Payments must be received by the 10th or 15th day to be eligible for the discount. Unfortunately, due to merchant fees, credit card payments are not eligible for this discount. Customers who have not been granted terms or a credit limit who are required to prepay are not eligible for this discount. 
  • Credit balances must be applied within 12 months of date issued or will be cancelled without liability. USES does not issue checks for credit but will apply the credit to the Customer’s account.

Shipping Terms
  • All shipments are FOB from our manufacturing facility. See Freight Allow Policy by Shipping Zone map for price/zone variations. If a partial shipment is requested to ship by the Customer on a freight allowed order, the Customer must agree to pay the freight for the partial shipment requested. USES will pay the freight for the balance of the order. Freight allowance will apply only when USES has the choice of carrier. Additional requirements by the Customer (i.e. lift gate, special appointment arrangements, expedited services, etc.) will incur additional charges that will be invoiced to the Customer.
  • USES reserves the right to drop ship portions of an order. Freight charges are at the discretion of USES.

Transportation Claims
  • All goods are inspected prior to being released from factory for shipment. Vendor’s responsibility for safe delivery shall transfer to Customer when merchandise has been turned over to the carrier in good condition. SHIPMENTS SHOULD BE THOROUGHLY CHECKED UPON ARRIVAL FOR DAMAGE OR SHORTAGE. If damage or shortage is noted, a claim should be filed immediately, by the Customer, with the delivering carrier. Damages must be noted on the Bill of Lading. Any damage not noted will be considered concealed damage. Delivering carrier must inspect concealed damages within 3 days of delivery or claim will be denied. Carriers generally pay half of the original invoiced price on concealed damages.  Damaged items will be replaced promptly, once a claim has been made and a PO issued to USES for replacement material. Customer assumes freight charges for replacement order. If you suspect hidden damages, make a note on the Bill of Lading.
  • If partial damage has occurred, it is best to accept shipment and follow damage claim procedures. DO NOT REFUSE TO ACCEPT SHIPMENT unless the entire shipment is damaged. Refusal of shipment may cause unnecessary delays and additional shipping expenses.
  • USES may assist with the collection of claims for losses or damages, but cannot assume responsibility for collection of claims or replacement of material.
  • USES will not replace broken lamps due to damage from carrier. 

Pricing
  • Prices are subject to change without notice. In the event of a price increase, all orders already placed or submitted will remain at the former prices. If an order is submitted after a price increase, USES will make Customer aware by requesting a revised purchase order.
 
LED Sample Policy
  • USES offers a 60-day sample test program.  Customers who have been approved to receive a sample must submit a PO for processing at NET60 terms.  Invoice must be paid within these terms or product returned for credit. All product must be returned within 60 days to be eligible. (Customer is responsible for freight cost).  Product must be returned undamaged and unmodified in order for credit to be issued.

Returns
  • Custom manufactured products are not returnable. Merchandise will be considered for return only if it is standard product and in new condition. No returns after 45 days of invoice date.
  • Fixtures must be in original cartons and reflectors must be unused with protective poly coating intact. Factory credit will be issued based on original invoiced price, less restocking fee, and less the original freight of the shipment.
  • Customer must arrange for return of shipment to USES. If unable to arrange with a freight carrier, the freight expense of the return will be deducted from the credit. Credit will be given only for merchandise in saleable condition. Authorization will not be granted when the value of all items to be returned is less than $100.

Labor credits
  • In the event that an issue occurs that may involve additional labor or lift charges, USES must be notified in a timely manner, and reserves the right to decide how to proceed. This may include having USES personnel inspect and correct the issue, or approve a credit to the Customer for additional labor charges.
  • Customer must submit all labor credits to USES in writing for approval.

Cancellations/ Revisions Policy
  • USES reserves the right to limit cancellations on custom or non-stocked components. In the event of cancellation/revision, Customer agrees to reimburse USES for costs incurred until cancellation/revision date, in an amount not to exceed the value of the order.
  • Revised purchase orders are subject to rescheduled ship date.
 
Delivery
  • Delivery dates are estimates only and are not binding. While USES will make every effort to meet CUSTOMER requested date, USES cannot be held liable for damages of any kind or freight carrier delay’s, for the failure to meet a particular date.
 
Force Majeure
  • While USES will make every effort to meet scheduled dates, USES shall not be liable to Buyer for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or failure by USES to perform its obligations hereunder when such delay or failure is directly or indirectly due to accident (in manufacture or otherwise), fire, flood, seizure, riot, war, embargo, labor shortages or difficulties, inadequate transportation facilities, shortage of material or supplies delay or default on the part of USES suppliers, regulation or order by government authority, or any other casualty or cause beyond the control of USES. USES may at its option cancel this Agreement or delay performance hereunder for any period by necessary due to any of the foregoing, during which time this Agreement shall remain in full force and effect. USES shall have the further right to allocate its available materials and products between its own uses and its customers in such manner as USES may consider fair and reasonable. USES shall have the right to make partial shipments to Buyer and invoice accordingly and Buyer shall be obligated to pay for such partial shipments when invoiced.
 
Entire Agreement
  • Except as expressly agreed in writing signed by USES, the terms and conditions stated above shall constitute the entire sales agreement between USES and the Customer. Any contrary or additional terms and conditions submitted by the Customer (other than the description of the products being ordered in the requested quantities, shipping date, and shipping location contained in Customer’s Purchase Order) shall be deemed to be of no force or effect and are hereby rejected. Customer’s submittal of a Purchase Order shall indicate Customer’s acknowledgement of, and agreement with, these terms and conditions.
  • Customer will be added to our email contact list for occasions such as informational e-blasts, e-promotions, newsletters and the like. You can “unsubscribe” any time by responding to an “unsubscribe” indicator located within the email.
  • USES reserves the right to change these terms and conditions of Sale without notice.


Claims Procedures
  1. Note damage or shortage claims on the delivery receipt. Be descriptive and include an accurate count.
  2. Ask the driver to call in to the OS&D Department for an inspection number.
  3. Take pictures of the damage and of the load in general.
  4. Write, “subject to count and inspection” on the delivery receipt if you do not have time to break down and open all boxes.
  5. DO NOT REFUSE TO ACCEPT SHIPMENT unless the entire shipment is damaged.
  6. If you accept the damaged material, you must store it in its original condition until USES provides a disposition.
  7. The customer is liable for all losses, damages arising as a result of its failure to comply with its obligations as set in its agreement with US Energy Sciences.

Concealed damage claims
  1. Concealed damage must reported to the delivering carrier within three days of delivery, or claim will be denied.
  2. Notify carriers OS&D department immediately of PRO number and damage Count.
  3. Take pictures of the damage.
  4. Hold damaged material in its original condition until USES gives you a disposition. 
  5. The customer is liable for all losses, damages arising as a result of its failure to comply with its obligations as set in its agreement with US Energy Sciences.

Ups/Fedex damage or shortage claims
  1. Shipments containing obvious damage should be rejected. If in doubt, reject it.
  2. If accepting less than the total quantity, sign only for the number of packages being accepted.
  3. Record all the tracking numbers. Be sure to note which tracking number was refused, shorted, or damaged.
  4. Hold the damaged material in its original condition, until USES provides a disposition.
  5. The customer is liable for all losses, damages arising as a result of its failure to comply with its obligations as set in its agreement with US Energy Sciences.
 
AGREEMENT TO TERMS AND CONDITIONS: By submitting an order to US Energy Sciences, you are acknowledging and agreeing to the Terms and Conditions as set by US Energy Sciences. These Terms and Conditions of Sale shall be construed in accordance with the substantive laws of the State of Georgia, USA, without regard to such state’s laws related to choice of law. Any State or Federal court in Toombs County, Georgia shall have jurisdiction for the purpose of any suit of other proceeding arising out of the transactions under these Terms and Conditions of Sale.  Unless otherwise specifically agreed in writing by an authorized representative of US Energy Sciences, any different or additional terms and conditions proposed by any purchaser in a purchase order, response to a quotation or other proposal, are hereby rejected by US Energy Sciences and shall not be incorporated into any order or other agreement for the sale of US Energy Sciences products, services or service offerings. Purchaser’s assent to these Terms and Conditions of Sale shall be conclusively presumed from purchaser’s acceptance of all or part of any products, services or service offerings ordered. If an authorized representative of US Energy Sciences has acknowledged purchaser’s order or proposal, and such acknowledgement is found to constitute an acceptance of an offer, such acceptance is expressly made conditional on purchaser’s assent solely to these Terms and Conditions of Sale which shall form part of the acknowledgement, and acceptance or authorized resale by purchaser of any products or services shall be deemed to constitute such assent. If any quotation or other document of US Energy Sciences is deemed to constitute an offer to purchaser, purchaser’s acceptance of such offer is limited to these Terms and Conditions of Sale. These Terms and Conditions of Sale, together with any warranty statement by US Energy Sciences, constitute the entire sales agreement between US Energy Sciences and purchaser, unless they are made part of a written agreement between US Energy Sciences and purchaser. No custom, practice, or course of prior dealings between the parties and no usage of trade shall modify or otherwise affect these Terms and Conditions of Sale. US Energy Sciences objects to and rejects any terms between purchaser and any other party, and no such terms, including but not limited to any government regulations or “flowdown” terms, shall be a part of or incorporated into any order from purchaser to US Energy Sciences, unless agreed to in writing by an authorized representative of US Energy Sciences. These Terms and Conditions of Sale supersede all those published or issued previously by US Energy Sciences. All orders are subject to final acceptance by US Energy Sciences and credit approval. US Energy Sciences will not accept orders that require customer-furnished components, unless agreed to in writing by an authorized representative of US Energy Sciences. US Energy Sciences price sheets are not offers to sell and possession of a price sheet does not entitle one to purchase. US Energy Sciences shall not be bound to sell any products or provide any services unless it shall (in its sole discretion) accept submitted purchase orders. US Energy Sciences reserves the right to change these Terms.