POLICY FOR SALES IN THE UNITED STATES
Prices to Retail Customers.
Identification required from all customers. Possession of our catalog does not constitute the right to purchase from BROADVIEW Distribution, Inc. All prices offered are subject to change without notice.Prices to Wholesale Only.
Identification required from all customers. Possession of our wholesale catalog does not constitute the right to purchase from BROADVIEW Distribution, Inc., (BROADVIEW) All prices offered are net wholesale prices with trade discounts already deducted. All prices offered are subject to change without notice.Sales Tax.
BROADVIEW is required to charge applicable state and local tax on every item sold in New York State for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt, and provide a New York State Resale Certificate.Payment Terms.
For customers with established credit, terms are net thirty (30) days from date of shipment. At BROADVIEW’s option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. BROADVIEW shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, BROADVIEW may defer shipments until such payment is made, may cancel all or any part of unshipped order, or exercise any other legal rights available. Orders shipped prior to payment are subject to 5% per month later payment if unpaid in 30 days. Consignee will pay all collections costs in the event of non-payment.Credit Balance.
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND BROADVIEW SHALL HAVE NO FURTHER LIABILITY.Return Policy.
Once the product leaves our facility, it cannot be returned to guarantee purity. Under certain exceptional circumstances, unused and unopened equipment may be returned. There will be a 25% restocking fee provided that product is returned in its original packing and is unopened and unused. Return authorization must be obtained from BROADVIEW prior to such return. Shipping and handling charges will be born by purchaser.FREIGHT POLICY
Shipping Charges. Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer’s place of business anywhere in the United States, using a carrier of our choice. Other terms apply to export orders. Any extra charges incurred for additional services, such as customer’s carrier or special handling by the carrier, must be paid by the consignee. Items backordered from an order qualifying for prepaid shipping charges will be shipped prepaid. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, consignee must file claim with the carrier.
BROADVIEW LIMITED WARRANTY
ALL PRODUCTS ARE WARRANTED BY BROADVIEW ONLY TO PURCHASERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE (1) YEAR AFTER DATE OF PURCHASE FROM BROADVIEW. ANY PART WHICH IS DETERMINED BY BROADVIEW TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO BROADVIEW OR AUTHORIZED DISTRIBUTOR AS BROADVIEW DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT BROADVIEW’S OPTION. BROADVIEW ONLY GIVE A WARRANTY FOR LIQUID PRODUCTS WHICH APPEAR ON THE COMPATIBILITY GUIDE https://www.goatthroat.com/documentation/complete-chemical-liquid-compatibility-guide/ OR FOR WHICH A WRITTEN APPROVAL FROM BROADVIEW STAFF HAS BEEN PROVIDED.
LIMITATION OF LIABILITY.
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. BROADVIEW’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID. BROADVIEW DISTRIBUTION, INC. WILL NOT BE LIABLE FOR INJURY OR DAMAGE RESULTING FROM SALE OR USE OF BROADVIEW DISTRIBUTION, INC. PRODUCTS OUTSIDE OF THE UNITED STATES AND CANADA.WARRANTY DISCLAIMER.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY BROADVIEW. BROADVIEW DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, INSTALLATION, OR MISAPPLICATION. ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.Prompt Disposition.
BROADVIEW will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the BROADVIEW office or distributor from which the product was purchased, giving date and number of original invoice, and describing defect.Product Suitability.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. BROADVIEW cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review Liquids and Chemicals Compatibility Guide, the Instruction Manual, the Warnings and Cautions section, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them. Purchaser and/or end user is responsible for product suitability, selection and proper use.No Warranties to Consumers.
BROADVIEW makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.Force Majeur.
BROADVIEW shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of BROADVIEW in the conduct of its business.Cancellation.
Any cancellation must be approved by BROADVIEW, and may be subject to restocking and other charges.Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of BROADVIEW. Any actual or attempted assignment without BROADVIEW’s prior written consent shall entitle BROADVIEW to cancel such order upon notice to customer. BROADVIEW shall have the right to assign or grant a security interest in accounts receivable arising from sales to Purchaser.Electronic Data Interchange.
If BROADVIEW and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. BROADVIEW and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use proper security procedures to protect EDI records from improper access. The business records maintained by BROADVIEW regarding EDI purchases made by customer shall be controlling.Modification of Terms.
BROADVIEW’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth in BROADVIEW’s acknowledgment, and customer’s assent to these terms and conditions shall be presumed from customer’s receipt of BROADVIEW’s acknowledgment, or from customer’s acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon BROADVIEW unless agreed to by BROADVIEW in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in BROADVIEW’s acknowledgment, BROADVIEW’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by BROADVIEW of any of the terms and conditions contained in BROADVIEW’s acknowledgment.Complete Agreement.
The sales terms and conditions in BROADVIEW’s forms, acknowledgments, quotations, invoices, catalog, web-site and dialog screens are incorporated herein by reference, and constitute the exclusive and entire agreement between Purchaser and BROADVIEW. They are also applicable to electronic orders and purchases from BROADVIEW’s web site and electronic catalogs.Severability.
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.Waiver and Limitation of Claims.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition does not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. ANY CLAIM AGAINST BROADVIEW WITH RESPECT TO ANY TRANSACTION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION HAS ARISEN. FAILURE TO TIMELY COMMENCE A CLAIM SHALL CONSTITUTE A COMPLETE WAIVER OF THE CLAIM BY THE CLAIMANT AND MAY BE ASSERTED BY BROADVIEW AS A COMPLAINT DEFENSE TO THE CLAIM OR CAUSE OF ACTION. A claim or action shall be commenced by filing a pleading in a court in New York, New York or filing a claim for arbitration in New York, New York.Dispute Resolution, Arbitration.
Actions by BROADVIEW for nonpayment by the Purchaser of the purchase price of products sold by BROADVIEW, or for redress of other breaches by the Purchaser of the terms and conditions of sale, may be brought by BROADVIEW, at its option, before any U.S. or foreign court of competent jurisdiction. Or, at BROADVIEW’s option, disputes between the Purchaser and BROADVIEW, including all claims for non-performance by BROADVIEW, shall be finally determined through binding arbitration in New York, N.Y. U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of New York, U.S.A.Governing Law, Consent to Jurisdiction.
These Terms and Conditions of the sale of any products by BROADVIEW, as stated herein and in any related documents or communications, shall be governed by, construed and interpreted exclusively according to the state and federal laws, excluding conflict of law rules of the State of New York and/or the United States of America. The provisions of the Uniform Commercial Code as adopted by the State of New York, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. Purchasers of BROADVIEW products consent to the jurisdiction of the State and Federal Courts located in New York, New York, for the resolution of any and all disputes arising out of or related to the sale of products by BROADVIEW, or to resolution of disputes at BROADVIEW’s option by arbitration, as provided above.No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party hereto.EXPORT POLICY FOR SALES OUTSIDE OF THE UNITED STATES
Order Acceptance.
Purchaser acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by BROADVIEW DISTRIBUTION, Inc. or its United States distributors (BROADVIEW) in a continental United States facility. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of acceptance.Prices to Retail Customers.
Identification required from all customers. Possession of our catalog does not constitute the right to purchase from BROADVIEW Distribution, Inc. All prices offered are subject to change without notice.Prices to Wholesale Only.
Identification required from all customers. Possession of our wholesale catalog does not constitute the right to purchase from BROADVIEW Distribution, Inc., (BROADVIEW) All prices offered are net wholesale prices with trade discounts already deducted. All prices offered are subject to change without notice.Payment Terms.
Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser make payment by Visa, MasterCard or American Express, or that Purchaser open an irrevocable letter of credit in favor of BROADVIEW prior to shipment payable by sight draft drawn against such letter of credit.Credit Balance
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and BROADVIEW shall have no further liability.Return Policy
There will be a 25% restocking fee provided that product is returned in its original packing and is unused. Return authorization must be obtained from BROADVIEW prior to return. Shipping and handling charges will be born by purchaser.FREIGHT POLICY
Shipping Charges. Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms in effect at the time of order acceptance) closest U.S. airport or port of exit from BROADVIEW shipping warehouse, using local shipping point and routing of BROADVIEW’s choice. Freight is prepaid to such airport or port of exit on orders for single shipment of $1,500 or more of merchandise (before tax and freight). Other shipments are freight collect from any BROADVIEW distributor. Purchaser shall be responsible for obtaining insurance. At BROADVIEW’s option, freight policy for certain export orders may be subject to special terms and conditions. Title and risk of loss shall pass to Purchaser on delivery to the international carrier in the United States provided that if payment has not been made at the time of shipment BROADVIEW shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Purchaser must file claim exclusively with airline, carrier, vessel and/or insurance company.
BROADVIEW LIMITED WARRANTY
ALL PRODUCTS ARE WARRANTED BY BROADVIEW ONLY TO PURCHASERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE FOR ONE (1) YEAR AFTER DATE OF PURCHASE FROM BROADVIEW, ANY PART WHICH IS DETERMINED BY BROADVIEW TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AND RETURNED TO BROADVIEW OR AUTHORIZED DISTRIBUTOR AS BROADVIEW DESIGNATES, SHIPPING COSTS PREPAID, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT BROADVIEW’S OPTION.