ServiceTerms and Conditions
Shor-Line’s Terms and Conditions governed are incorporated into every order. The following summary of certain of such Terms and Conditions is qualified in its entirety by reference to the full text thereof.
1. Order & Acceptance
By submitting an order, Buyer shall have agreed to purchase the goods subject to all Shor-Line’s TERMS AND CONDITIONS. Buyer’s order is subject to and effective only upon acceptance and approval at Shor-Line’s offices in Kansas City, KS as evidence by Shor-Line’s issuance of an Order Acknowledgement or Invoice. The resulting contract shall be deemed made in Kansas and shall in all respects, be governed and interpreted according to the laws of the State of Kansas. Buyer also consents to the jurisdiction of Kansas courts over any dispute involving the order.
2. Entire Agreement
This order as accepted and approved by Shor-Line constitutes the entire final agreement between the parties. Except as otherwise provided in writing by Shor-Line, the terms constitute the sole TERMS AND CONDITIONS which may not be supplemented, modified, superseded or otherwise altered except as authorized in writing by Shor-Line. Any different, conflicting or additional terms in Buyer’s purchase order or any other document of Buyer are rejected and Shor-Line’s TERMS AND CONDITIONS shall prevail.
3. Terms of Payment
Unless otherwise expressly specified by Shor-Line in writing, payment shall be due 30 days from the date of invoice, payable in U.S. Funds. Shor-Line reserves the right to negotiate terms or orders of any unique or special nature and may require full or partial payment in advance in its sole discretion. Acceptance of all orders and the payment terms for such orders are subject to approval by Shor-Line’s Credit Department. Shor-Line may decline to make any shipment or perform any work except upon terms satisfactory to said department. A charge of 1?% per month (or the highest monthly interest rate that may be imposed under applicable law) will be imposed on overdue accounts. Buyer will be liable for all expenses (including reasonable attorney’s fees) incurred in collecting any overdue accounts.
4. Prices & Quotes
Prices on products specified herein are F.O.B. Shor-Line’s factory unless otherwise specified in writing and are exclusive of any city, state, local or federal tax. Prices are subject to adjustment without notice and Shor-Line reserves the right to correct errors in prices or specifications. Any quotation (whether written or oral) is not an offer to contract or acceptance of an order. Similarly, neither a price list nor a catalog constitutes an offer to sell or contract, but are provided solely for customer’s convenience.
5. Taxes
Any sales, use, or other taxes or duties which Shor-Line may be required to pay or collect (under any existing or future law) in connection with the sale, purchase, delivery, storage, processing, consumption or use of the products purchased herewith shall be for the account of Buyer and Buyer shall promptly reimburse Shor-Line therefor.
6. Deliveries
Delivery dates are estimates only. Buyer assumes all freight, handling and installation costs and the risk of loss or delay in transit. Shor-Line will assist Buyer with transit arrangements, but Shor-Line shall be free of any liability in connection therewith. Title to all materials and products sold by Shor-Line shall pass to Buyer upon delivery to the carrier. Risk of loss, injury, or destruction of the products shall be borne by the Buyer and any such loss, injury or destruction shall not release Buyer from payment of the purchase price.