Here at Shearer Supply, Inc. ("Shearer Supply"), customer service and your satisfaction are our first priority. We commit to using quality products at consistently competitive pricing with on time, every time deliveries to guarantee "Customer Satisfaction." We appreciate your business and in order to deliver on our commitment to Customer Satisfaction, we need to detail the important terms governing your purchase of products from us (the"Terms of Sale").
These Terms of Sale, combined with a completed Quote (together, the "Agreement"), establish the entire contract between Shearer Supply and you, the potential customer ordering products ("Customer") for delivery specified in the quote from your checkout (the "Quote") at www.shearersupply.com (the "Site"). Once an Agreement is accepted, it becomes an "Order." These terms are a binding agreement between Shearer Supply and Customer for purchase of the products listed in the Quote (the "Products").
Customer will not use any of Shearer Supply's registered marks in connection with the Products purchased from Shearer Supply.
The Customer accepts the terms of the Agreement by taking any of the following actions:
Any provisions contained in any of Customer-maintained purchase order, terms and conditions rider or similar document are expressly rejected by Shearer Supply and are not part of the Agreement. Payment must be made when the Customer checks out at the Site or the Customer must agree to make payment according to the credit extended to Customer by Shearer Supply, which is subject to ongoing review by Shearer Supply. Shearer Supply may, in its sole discretion, deem Customer's credit to be unsatisfactory and may require different payment terms on a case-by-case basis. Such varied payment terms may include payment in full before shipment of the Products. Shearer Supply has the right to apply any payment received to open charges on the Customer's account and all payments due and owing by Customer to Shearer Supply bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Customer has no right to set-off any amounts due to it from invoices related to this or any other Agreement between the parties.
If a Customer requires a change to an accepted Order, Customer will contact Shearer Supply by emailing [email protected] with details of the changes (a "Change Order"). Change Order requests (including a request for "Rush" delivery), will be accepted by Shearer Supply in its sole discretion and no Change Order is effective until accepted by Shearer Supply. Payment of fees for Change Orders is due upon acceptance of the Change Order by Customer.
Returns are accepted when an item is in the same condition as purchased and returned within 30 days of date of purchase. Shipping costs are not refunded. Returns received after 30 days of invoice date are subject to a 15% restocking fee. Returns are not accepted on special orders. Shearer Supply truck drivers are not allowed to return items unless prior approval has been received by the branch manager.
Prices stated are F.O.B. origin, freight prepaid to the destination specified in the order. Shearer Supply charges a shipping and handling fee on each order which is applied at the time of order and reflected on the Quote. Please be aware that other terms and conditions may apply for other than standard ground delivery, including without limitation, expedited delivery, tariffs, export orders, hazardous materials, or other terms that relate to special handling by the carrier. Any charges incurred related to shipment of Products, even if not specified in the Quote, will be the responsibility of Customer. Shearer Supply shall not be in breach of the Agreement for the delay in delivery resulting from the conduct of a third party, including its suppliers or shippers.
The sole warranty provided to Customer is the manufacturer's warranty for the Products, if one is provided by the manufacturer. Shearer Supply does not separately or independently provide any warranty of any kind on any of the Products and Shearer Supply is not responsible for any action taken by Customer that may void or otherwise invalidate the manufacturer's warranty.
In the event the Customer has a warranty claim, Customer shall submit any warranty claim directly to the manufacturer. Customer may also notify Shearer Supply in writing by sending a notice to [email protected]
In the event Shearer Supply becomes aware of a recall or other Product warranty-related claim, Shearer Supply may contact Customer and provide details to them regarding the recall or warranty issue.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY SHEARER SUPPLY AND WAIVED BY CUSTOMER.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS, SHALL SHEARER SUPPLY BE LIABLE FOR:
The Agreement, including any other terms or agreements related to the Products, contains information that relates to Shearer Supply's operations and is protected from unauthorized use and disclosure,including Customer's disclosure to any other party. Customer agrees to maintain all terms of the Agreement in confidence and not to disclose any terms or other information related to the sale of Products to any other entity or unauthorized person without the written permission of Shearer Supply.
Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components,explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party's reasonable control.
The Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to the choice of law principles thereof. Both the Convention on Contracts for the International Sale of Goods and the terms of the Uniform Commercial Code, as adopted in any jurisdiction, are expressly excluded. Each party irrevocably submits to the jurisdiction of the Courts of the State of Texas and the United States District Court for the Eastern District of Texas and hereby waives, to the fullest extent it may effectively do so, trial by jury and the defense of an inconvenient forum to the maintenance of such action or proceeding.
Revised March 7, 2019