Pricing
Prices are exclusive of federal, state, or local taxes of any nature.
Tax
All taxes applicable to products ordered shall be paid by you, as the
“Customer”, or in lieu thereof, Customer will provide Embarq
with a tax exemption certificate acceptable to the taxing authorities.
In the absence of a tax exemption certificate, taxes will be charged and
payable until a valid tax exemption certificate is on file.
Payment Terms
Payment terms to Customers of satisfactory credit: Net 30 Days from Date
of Invoice
A monthly interest charge of the lesser of 1 1/2 percent or the maximum
permitted by law in the Customer’s state may be added to all amounts
not paid by the due date.
Overdue and delinquent account balances are subject to being placed for collection, and Customer shall pay all expenses incurred, including collection fees, court costs, and reasonable attorney fees.
Customer agrees that Embarq, its subsidiaries, parent, or affiliates may offset the account balance, or any portion thereof, against any funds due Customer by Embarq, its subsidiaries, parent, or affiliates, irrespective of whether the amounts arise out of the same transaction.
Limited Warranty
Embarq makes no actual warranty of its own, but will pass through to Customer
the Manufacturer’s warranty to the extent that such warranty is
provided. In the event that Customer discovers a product to be defective,
Embarq will assist the Customer in notifying the Manufacturer of such
defect. EMBARQ MAKES NO EXPRESS AND/OR IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE (EXCEPT AS TO TITLE)
OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE, AND IN NO EVENT DOES EMBARQ
ASSURE, NOR WILL IT BE LIABLE FOR CONSEQUENTIAL , INCIDENTAL OR SPECIAL
DAMAGES, INSTALLATION ADJUSTMENTS OR OTHER EXPENSES, WHETHER DIRECT OR
INDIRECT
Customer's Purchase Order - Conflict of Terms
In the event Customersubmits purchase orders and the written terms of
which are at variance or conflict with the terms and conditions of sale
contained herein, such purchase order terms will have no effect to the
extent that they may conflict, and the Embarqterms and conditions of sale
will prevail.
Delivery
Deliveries will be subject to and contingent upon timely receipt of order
by Embarq, together with Customer qualification of credit requirements;
and Embarq will not be liable for failure to meet required delivery due
to credit clearance requirements or causes beyond its control, including
and without limitation, unavailability of product from Embarq’s
source of supply, strikes and other labor difficulty, riot, war, fire,
delay or default of common carrier, or other delays beyond Embarq’s
reasonable control.
Discrepancy Claim - Failed Delivery Claims
Merchandise is shipped FOB shipping point. Shipping charges will be invoiced
to Customer by Embarq. Risk of loss due to damage or shortage or non-delivery
due to carrier fault lies with Customer. All claims for damage or shortages
should be made by Customer upon receipt of material and filed with the
carrier handling the shipment.
Claims resulting from discrepancies between invoiced descriptions or quantities and actual product received by Customer due to error by Embarqmust be made in writing within sixty (60) days of invoice date. Any such claim not presented by Customer within the time limit specified will be waived and actual delivery of invoiced descriptions or quantities will be conclusively presumed.
Any Customer who wishes to dispute a delivery of merchandise may make written request upon Embarq for a copy of carriers' proof of delivery within sixty (60) days from date of invoice. Failure by Customer to request such proof of delivery within the 60-day time period will result in a waiver of Customer's right to raise the issue of delivery, and thereafter delivery will be conclusively presumed.
Product Installation and Operation
Customer assumes all responsibility for the proper selection, installation,
operation, and maintenance of the merchandise purchased from Embarq.
Returned Material
No product or equipment of any kind will be returned without prior approval
and specific shipping instructions from Embarq.
Restock Charge
Unless otherwise agreed, a restock charge will be assessed upon the return
of products because of Customer ordering error, when the product has suffered
damage while in Customer's possession, late cancellation of order, or
when assessed by the Manufacturer.
Alteration of Terms and Conditions
No alteration or waiver of the terms contained herein will be effective
unless such authorization or waiver is in writing, signed by a duly authorized
Embarq officer.
Presumption as to Authority of Customer's Personnel
Embarqassumes and is entitled to rely upon the apparent authority of all
Customers’ employees and agents in placing orders under Customer's
account.
Change of Customer's Name or Address; Reorganization
Customer agrees to notify the Embarq Credit Department in writing of any
changes of name or address, or of any corporate reorganization or change
of ownership which results in a change of name or location of the Customer.
Acceptance of Sales Orders
All sales are subject to acceptance and no sales are final until accepted
by Embarq at its principal place of business:
600 New Century Parkway, New Century, Kansas, USA, 66031-8000.
Credit Card
Embarq will process your order upon obtaining a valid authorization for
the sale amount. Settlement will occur when the product has been shipped.
Returned materials will be credited back through Customer’s credit
card.