In consideration of ARLINGTON, accepting Customer’s application for credit and in consideration of any extension of credit by ARLINGTON to Customer, and the sale of any goods to Customer, intending to be legally bound hereby, Customer agrees as follows:
TERMS AND CONDITIONS
- The Customer hereby represents that the information herein contained is true and correct and hereby authorizes ARLINGTON to contact the designated references as well as any or all appropriate credit bureaus for information pertaining to the credit worthiness and financial responsibility of the Customer.
- ARLINGTON may, but shall not be bound to, extend credit to Customer in its sole discretion and in its sole discretion may modify or withdraw at any time credit terms extended by it to Customer.
- Terms and Conditions of Sale – Terms are Net 30 with approved credit. Any sale of goods by ARLINGTON to Customer shall be governed solely by these Terms and Conditions and the Terms and Conditions appearing in the sales catalog, on the invoice from ARLINGTON or as otherwise established from time to time by ARLINGTON. Any additional or different conditions of sale appearing in Customer’s purchase order form or elsewhere are hereby superseded by ARLINGTON conditions of sale, unless agreed to in writing, by the duly authorized representative of each party
- Security Agreement – Customer hereby grants to ARLINGTON and ARLINGTON retains a purchase money security interest in all goods sold (whether now or hereinafter) by ARLINGTON to Customer together with a security interest in all proceeds thereof. Customer authorizes ARLINGTON to file in all appropriate public registries a UCC financing statement to perfect its security interest. The obligations of the Customer are not assignable without the written consent of ARLINGTON.
- Limitation of Liability & Disclaimer of Warranty – Except as provided separately in writing by ARLINGTON, the goods are being provided “as is” without warranty of any kind. Distributor hereby disclaims all warranties, whether express or implied, oral or written, with respect to the goods including, without limitation, all implied warranties of title, non-infringement, merchantability or fitness for any particular purpose and all warranties implied from any course of dealing or usage of trade. Further, to the maximum extent permitted by applicable law, ARLINGTON’ cumulative liability to customer for any claim(s) rising under this agreement or relating to the goods, whether in contract, tort, indemnity, or other theory of liability, shall be limited to the purchase price of the goods affected by such claims, and in no event shall ARLINGTON’s cumulative liability to customer exceed the total purchase price of such goods affected by such claim(s) in the three months prior to such claim(s) arising. In addition, to the maximum extent permitted by applicable law, in no event shall ARLINGTON be liable to customer for lost profits, loss of use or indirect, special, incidental or consequential damages for any claim(s) related to the goods, whether in contract, tort or any other theory of liability, even if advised of the possibility of such damages.
- Interest on Late Payment – In the event that any obligation of Customer to ARLINGTON is not paid on the due date thereof, ARLINGTON shall be entitled to charge Customer interest on the full amount of the unpaid obligation at a rate of 1.5% per month (18% per annum), but not in excess of the lawful maximum, commencing on the due date of the obligation and continuing until the obligation is paid in full.
- Attorney/Collection Fees – In the event ARLINGTON shall determine, in it’s sole discretion, to use the services of any attorney/collection agency to collect any past due obligations of Customer, Customer agrees to pay, in addition to the past due obligations, reasonable attorney/collection fees.
- Past Due Accounts – Open account terms will be suspended if invoices are not paid within specified terms and subsequent orders may be held until the account is paid current. A $25 handling charge will be assessed on all returned checks.
- Governing Law and Consent to Jurisdiction – This Agreement and the Terms and Conditions and any and all dealings between ARLINGTON and Customer shall be construed as having been made or to have taken place in the County of Mecklenburg, State of North Carolina, without regard to its principles of conflict of laws and no other jurisdiction. In the event of any dispute between ARLINGTON and Customer arising out of or in connection with the Agreements, all actions or disputes shall be brought and tried only in the County of Mecklenburg, State of North Carolina and violation of this covenant will bar recovery by Customer in any other court.
- Invoicing – Unless otherwise requested, ARLINGTON will provide invoice via email transmission.
- Payment Methods –
a. Check remitted to:
PO Box 601029
Charlotte, NC 28260-1029
a. To speed the ordering process, please have the following information ready when you place your order: account number, purchase order number, your order prepared using the standard quantities and stock numbers shown in our catalog or website, your “Ship to” address when it is different than the “Bill to” address, and any special shipping instructions.
b. Orders placed before 5:00 p.m. Pacific Time (7:00 p.m. Central Time, and 8:00 p.m. Eastern Time), must pass a credit check in order to ship the same day. A customer with an order that does not pass the credit verification will be contacted by noon the following business day to make other arrangements.
c. Sales are made to qualified dealers or retailers only. No end user sales.
d. Order Handling Charge: All orders are subject to a one-time handling/processing charge of $2.95. The handling/processing charge is applied only once to any order, and will not be added to any items backordered.
e. Minimum Order Charge: A small order fee of $5.00 will apply to orders under $75.00.
f. Commercial/International Invoices: A flat fee of $10.00 will be assessed on all orders requiring a commercial or international invoice.
g. Special Orders: Sales on special order, non-stock or discontinued items cannot be cancelled or returned.
h. Backordered Items: Items backordered will be shipped as soon as they become available unless the backorder is cancelled by the Customer. Backordered items may ship without notice. All backorders over 60 days old may be cancelled without notice. Please tell us when placing your order if you will not accept any backorders. Freight charges will be assessed on all backordered items.
i. Order Changes or Cancellations: Orders entered into the system are processed immediately to assure same-day shipping, and therefore may not be changed or cancelled. Refused deliveries are subject to a 20% restocking fee plus recovery of all freight charges. A special order that has not shipped may be cancelled with approval and will be subject to a minimum 20% fee.
j. Pricing: Every effort is made to assure the accuracy of the specifications and pricing in this catalog. Due to changing market conditions we reserve the right to update pricing, specifications, and policies, including these terms and conditions without prior notice. Please call your sales representative or go online at www.arli.com to confirm pricing, specifications and policies.
k. Freight and Shipping: All items are shipped F.O.B. ARLINGTON. Title to the goods and risk of loss and damage passes to the customer at the F.O.B. point. ARLINGTON retains a purchase money security interest in the delivered goods until payment is received in full for the goods. All freight charges are added to the invoice unless shipped freight collect. On C.O.D. orders the freight is included in the C.O.D. amount. C.O.D. orders are subject to a fee per box in accordance with the freight carrier. Dimensional freight charges will be assessed to the order in accordance with the carrier. Freight insurance is in accordance with the carrier. Blind drop shipments are available at no additional charge.
l. An invoice for freight and restocking fee will be issued on any shipment refused by the customer. If refused product is returned back to Arlington, the customer will be credited for the product less restocking fee and all applicable freight charges. Accounts will be placed on a “No Ship” basis until this invoice is paid.
m. Warranty: ARLINGTON’s liability for breach arising out of the sale of goods shall be limited to the purchase price of the goods. In no event shall ARLINGTON be liable for any special, consequential, incidental, indirect or other damages (including without limitation loss of profit) whether or not ARLINGTON has been advised of the possibility of such loss, however caused, whether for breach or repudiation of contract, breach of warranty, negligence, failure to deliver or under any other theory of liability.
n. THE SALE OF GOODS IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER ACKNOWLEDGES THAT HE IS NOT RELYING ON ARLINGTON’s SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THAT SET FORTH ON THE PRODUCT PACKAGING, IF ANY.
b. Product Returns Procedure:
- Please have your account number, order or invoice number, and information about the item(s) you are returning available when contacting Returns.
- All returns or exchanges must be pre-approved, and assigned a RA number. A return authorization form can be emailed to you to complete and emailed back to us. Once we receive your completed form, and approve the return, an RA number is assigned This RA number expires after 10 days, returned merchandise needs to be returned promptly. If the return request is denied, you will be notified.
- Repackaging Product for Return: Once an RA number has been generated and communicated to you, the product should be packaged for return shipment. All products must be shipped in a protective outer box with suitable inner packaging to prevent the product from being damaged in transit, regardless of return reason. Product not returned in the above manner may be returned at the customer’s expense without a credit being issued.
- Please ensure the RA number is written down on the outer shipping carton. In the case of multiple cartons, write the RA number on each label and indicate the number of cartons (for example 1 of 3, 2 of 3, and 3 of 3) DO NOT write the RA number directly on the packaging of the item(s) you are returning. Defacing of the packaging will cause an automatic cancellation of the RA and no credit will be issued. The product must be in resalable condition to receive a credit for any non quality related return.
- All machine returns must be shipped to the location shown on the RA form and must be shipped freight prepaid by dealer. Please see your Return Authorization form for the correct ship-to address.
- An RA number does not guarantee a credit. It gives you authorization to return item(s) to us for inspection. Credits will be issued after product has been inspection and determined a credit is due.
- Any package sent to us for any reason without an authorization number on the outside of the box will be refused. Any unauthorized return, if accepted, will be subject to a 20% restocking charge, unless the value of the returned merchandise is less than $50, in which case a flat $10 processing fee will be charged. The return must be in the original sealed carton. No returns for opened boxes.
c. Order Entry and Shipping Errors: More than 99% of our orders are shipped accurately, and we apologize if we made an error with your shipment. We will correct any order entry and shipping errors as long as you contact us within 30 days of the original invoice date.
d. Customer Ordering Errors: We will gladly take back and issue a credit for product ordered in error provided the product and packaging are returned in resalable condition. Special order product or unusual quantities may not be eligible for a return. Product must be shipped back within 30 days of invoice data and freight prepaid at the dealer’s expense. Returned products are subject to a 20% restocking charge. Returns less than $50 in value are subject to a flat $10 processing fee.
e. Defective Merchandise:
- NXT-Premium & Expression Branded Compatibles – We stand behind our brand of compatibles with a lifetime satisfaction guarantee. If you are not happy with the quality of your Premium branded product please contact the Returns team for a refund of the purchase price or a replacement of the same product. Product should be returned in a condition that will allow proper quality testing. Returns will not be accepted on fully used cartridges or product that can’t be post tested.
- OEM Consumables – We encourage you to have your customer contact the
manufacturer for exchanges of defective items. However, we are pleased to assist you with the exchange on all eligible goods as long as you contact us within 30 days of original invoice. The following manufacturers must be contacted directly for credit/replacement of defective product:
- Defective Machines – The following Office Machine manufacturers must be contacted directly for service, replacement or repair of defective machines:
- Defective Machines- The following Office Machine manufacturers must be contacted directly for service, replacement or repair of defective machines:
- Defective Machines – The following Office Machine brands cannot be exchanged and must be repaired or serviced by the dealer of purchase. Please contact ARLINGTON for support.
- Defective Machines – All other brand of Office Machine not listed above can be exchanged by ARLINGTON within 30 days of invoice. Then manufacturer warranty is in effect.