1. Who we sell to
Baleds sells to businesses. Placing an order confirms that you are buying for business purposes and not as a consumer, and that the person placing it is authorised to bind the account.
We may decline or cancel any order, and may require prepayment, at our discretion.
2. Quotations and prices
A quotation is an invitation to order, not an offer capable of acceptance, and it expires on the date shown on it. Prices are those in force when the order is accepted.
Prices exclude sales tax, freight and any handling charge unless the document says otherwise. Where a tax exemption is claimed, it applies only while a valid resale certificate is on file; if the certificate lapses, tax is charged from the date it expired.
Manifest errors in price or description may be corrected before shipment, and you may cancel the affected line if we do so.
3. Payment
Invoices on trade terms are due as stated on the invoice. Time of payment is of the essence.
Overdue balances may carry a service charge at the lesser of 1.5% per month or the maximum permitted by Florida law, and we may suspend shipments or place the account on hold while a balance is overdue.
You agree to pay reasonable costs of collection, including attorneys' fees, on any amount properly due and unpaid.
4. Title, risk and security interest
Unless stated otherwise on the order, goods are sold FOB our shipping point. Risk of loss passes to you when the goods are delivered to the carrier.
Title to goods remains with Baleds until payment is received in full. Baleds retains a purchase-money security interest in the goods and their proceeds until then, and you authorise the filing of any statement needed to perfect it.
5. Fit, application and part selection
Fitment information, cross-references and equipment listings are supplied as an aid and are believed accurate, but the specification on the nameplate governs. YOU ARE RESPONSIBLE FOR CONFIRMING THAT A PART IS CORRECT FOR THE APPLICATION BEFORE INSTALLING IT.
A part that has been installed, energised, or altered cannot be returned, and no allowance is made for labour or diagnostic time spent on an incorrect part.
6. Warranty
Goods carry the warranty of their manufacturer, and nothing more. Baleds assigns to you whatever manufacturer's warranty is assignable and will assist in presenting a claim.
EXCEPT FOR THAT MANUFACTURER'S WARRANTY, BALEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. No statement by any employee varies this.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BALEDS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, SPOILED OR LOST PRODUCT, EQUIPMENT DOWNTIME, LABOUR, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, however caused and on any theory of liability.
IN ALL CASES BALEDS'S TOTAL LIABILITY ON ANY CLAIM IS LIMITED TO THE PRICE PAID FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM. These limits apply even if a remedy fails of its essential purpose, and they are a basis of the bargain: the prices charged reflect this allocation of risk.
8. Returns
Request a return authorisation within 30 days of the invoice date. Goods returned without one may be refused.
Returns must be unused, in original packaging and in resaleable condition. An accepted return is subject to a restocking charge of 20%, and return freight is yours unless the return is because of our error.
Special-order, non-stocked, obsolete and electrical parts are not returnable. Where we have to return goods to a manufacturer, that manufacturer's restocking terms apply and may exceed ours.
9. Cancellation
An order that has not shipped may be cancelled. A special-order item already placed with a supplier may not be cancellable, and if it is not, you remain responsible for it.
10. Force majeure
Neither party is liable for failure to perform caused by anything beyond its reasonable control, including supplier failure, carrier delay, labour disputes, severe weather, hurricane, fire, and acts of government.
11. Governing law
These terms are governed by the law of the State of Florida, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute is to be brought in the state courts of Florida, and both parties consent to that jurisdiction.
12. Entire agreement
These terms, together with the quotation, order acknowledgement or invoice they accompany, are the entire agreement. Any additional or different terms in your purchase order — including preprinted terms — are rejected and do not become part of the contract, whether or not we ship against that order.
If any provision is held unenforceable, the rest remains in force.
Questions about any of this: customersupport@baleds.com.