All products sold are warranted by Heiser Logistics only to Purchaser's for resale or for use in business or original equipment manufacture, against defects in workmanship or materials under normal use for one year after date of purchase from
Heiser Logistics, unless otherwise stated. Any part which is determined by Heiser Logistics to be defective in material or workmanship and returned to a Heiser Logistics branch or authorized service location, as Heiser Logistics designates,
shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced, at Heiser Logistics' option.
No warranty of affirmation of fact, expressed or implied, other than as set forth in the limited warranty statement above is made or authorized by Heiser Logistics. Heiser Logistics disclaims any liability for product defect claims that are
due to product misuse, improper product selection or misapplication, and any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose.
Any limitation of liability for consequential and incidental damages is expressly disclaimed. Heiser Logistics liability in all events is limited to, and shall not exceed, the purchase price paid.
Heiser Logistics 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 Heiser Logistics Corporate
Headquarters, giving date, original invoice number, and describing the defect. Title and risk of loss pass to Purchaser on delivery to the common carrier.
Availability information accessed pursuant to this site is based on end of day inventory of the previous business day. Availability is subject to change at any time. Heiser Logistics makes no representations or warranties regarding the accuracy
of this data.
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. While Heiser Logistics attempts to assure that
its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local
codes and regulations, and be sure that the product, installation, and use will comply with them.
Heiser Logistics makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
Most of the products supplied to Heiser Logistics are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Heiser Logistics will
obtain copies of consumer warranties from the warrantor and will furnish them free of charge to Purchaser's who request them. Address requests to: Heiser Logistics Attn: Sales Department, 35 North Street, Suite 50, Canandaigua, NY 14424
USA. Requests must include the manufacturer's model number of each product for which a copy of the warranty is requested. Heiser Logistics may also furnish sales brochures and other literature of the manufacturer. Heiser Logistics assumes
no responsibility for the content of such warranties or sales literature by performing this service.
Heiser Logistics shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages,
inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Heiser Logistics in the conduct of its business.
Any cancellation must be approved by Heiser Logistics, and may be subject to restocking and other charges
On any sales on open account, Purchaser hereby grants to Heiser Logistics a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment
is made to Heiser Logistics. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform
Heiser Logistics immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
Purchaser shall not assign any order or any interest therein without the written consent of Heiser Logistics. Any actual or attempted assignment without Heiser Logistics' prior written consent shall entitle Heiser Logistics to cancel such
order upon notice to Purchaser without liability to Heiser Logistics.
Heiser Logistics' acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in Heiser Logistics acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's
receipt of Heiser Logistics' acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and
conditions shall be binding upon Heiser Logistics unless agreed to by Heiser Logistics in writing.
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
The terms and conditions in Heiser Logistics' Web site Terms of Access, forms, acknowledgments, quotations, invoices and catalog sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement
between Purchaser and Heiser Logistics.
Heiser Logistics and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon Heiser Logistics.
If any provision of these Terms of Purchase 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 of Purchase.
Due to government regulations and product availability, all Heiser Logistics goods and services may not be available in every area.
Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications
prior to purchase.
Heiser Logistics' ability to keep product information accurate and up-to-date is limited by manufacturers and other industry sources ability to provide product information. THEREFORE, Heiser Logistics MAKES NO WARRANTIES, EXPRESSED OR IMPLIED
AS TO THE ACCURACY OF THE CATALOG DATA.
Identification required from all Purchaser's. Possession of our wholesale catalog does not constitute the right to purchase from Heiser Logistics.
Prices herein aare net wholesale prices and are subject to change without notice. Market sensitive commodity items will be priced according to current market conditions.
Quotations on large quantities are available from your Heiser Logistics Sales Manager
Heiser Logistics is required to charge state and local tax on items in states where Heiser Logistics has a warehouse branch for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items
are tax exempt.
For Purchaser's with established credit, terms are net 30 days from date of shipment. If credit is not established, please include payment with order or purchase through American Express, Discover, MasterCard or Visa. Cash or anticipation
discounts are not allowed. All payments must be in U.S. dollars.
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 Heiser Logistics SHALL HAVE NO
Sales are FOB, point of shipment. We will ship by the most economical means possible from our nearest warehouse unless you authorize a specific routing. Non-priced packing lists accompany each order and are also submitted with drop ship orders.
Any extra charge incurred for additional services, such as Purchaser's carrier or special handling at the destination, must be paid by consignee. Title and risk of loss pass to Purchaser on delivery to the common carrier. If product was damaged
in transit, recipient must file claim with carrier.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of product known to the State of California to cause cancer or reproductive harm are available from: Heiser Logistics, Attn: Sales Department, 35 North Street,
Suite 50, Canandaigua, NY 14424 USA..
The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. Heiser Logistics, however, makes no warranty with respect to the accuracy or reliability of the information
or the suitability of the recommendations. Heiser Logistics disclaims any and all liability to any user thereof.
It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by Heiser Logistics 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.
Heiser Logistics is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax exemption certification is not on file.
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 open an irrevocable letter of credit in favor of Heiser Logistics prior to shipment payable
by sight draft drawn against such letter of credit, or that Purchaser establish satisfactory credit with Heiser Logistics prior to shipment. For Purchaser's with established credit, terms are net thirty (30) days from date of shipment.
At Heiser Logistics' option, export orders may be subject to special export payment terms and quotations. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars, and Heiser Logistics shall have the right to
set-off and deduction for all sums owed. If an open account Purchaser fails to make full payment within thirty (30) days from date of shipment, Heiser Logistics may defer shipment of other orders, or cancel all or any part of any unshipped
order until such payment is made.
Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms) closest U.S. airport or port of exit from Heiser Logistics shipping warehouse, except Hawaii or Alaska, using local shipping point and routing
of Heiser Logistics' choice. Shipments are freight collect from any Heiser Logistics branch. Purchaser shall be responsible for obtaining insurance. At Heiser Logistics' option, freight policy for export orders may be subject to special
terms and conditions. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product was damaged in transit, please sign with the carrier as damaged and/or short and contact
us immediately so we can begin the claim process.
Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's purchase order. Purchaser agrees that the products will be shipped
to that destination in compliance with the laws of such country, and that there will be no re-export or diversion. If requested by Heiser Logistics, Purchaser shall provide documentation satisfactory to Heiser Logistics verifying delivery
at the designated port of entry.
Notwithstanding anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of
the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's
actions shall not be deemed authorized by, or binding upon Heiser Logistics, unless expressly agreed to by Heiser Logistics.
Buyer agrees that it shall comply with all export compliance laws and regulations with respect to products it purchases from, or information it obtains from, Heiser Logistics. This includes but is not limited to, compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the sanctions and embargoes maintained by the Office of Foreign Asset Controls (OFAC), and any other applicable laws and regulations related to the export or deemed export of goods or information.
Purchaser acknowledges that it is not the agent of Heiser Logistics and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.
These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of North Carolina, United States of America. Any legal action with respect to any transaction
must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of North Carolina, and not the United Nations Convention on Contracts for the International Sale
of Goods, shall apply.
Actions by Heiser Logistics for nonpayment by the Purchaser of the purchase price of products sold by Heiser Logistics, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Heiser Logistics,
at its option, before any judicial court of competent jurisdiction. At Heiser Logistics' option, disputes between the Purchaser and Heiser Logistics, including all claims for non-performance by Heiser Logistics, shall be finally settled
by arbitration in Charlotte, North Carolina, USA, under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators
appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of North Carolina, USA.While efforts have been made to ensure the accuracy
of this Web site, due to its open nature, Heiser Logistics does not warrant its accuracy. Please review our Terms of Access for additional information regarding this Web site.