Terms and conditions of sale |
| Business Hours Our main office in Eatontown, NJ is open 8:30 AM to 5:00 PM, EST, Monday through Friday. We have additional offices in California, and Ontario Canada. Please contact the main office for more details. Orders Orders may be emailed to . Facsimile orders may be directed to (732) 380-3422. Telephone orders may be placed during office hours through 1-800-USA-AGRO. Pickups may be made between the hours of 9:00-12:00 or 1:00-4:00 Monday through Friday. Please call to schedule loading dock time. Terms There is a US$50.00 or CAD$75.00 minimum purchase amount. New accounts shall be required to pre-pay or receive shipment via COD, "cash only" (a COD fee of US$6.00 or CAD$9.00 per package will be included). We accept MasterCard, Visa and American Express for US orders only. Hydroponics may require full or partial payment guarantee in advance of shipment if it concludes that the financial condition of the buyer so warrants. Please allow adequate time for checks to clear before shipping. US$25.00 or CAD$40.00 will be charged for returned checks. Once credit has been established, terms of payment shall be net 30 days from date of invoice. Interest shall accrue and buyer agrees to pay interest at the rate of 1.5% per month on all overdue accounts where the applicable law permits. Buyer shall be responsible for all reasonable costs of collection, including attorney's fees. All Local, State, Provincial and Governmental Taxes are the responsibility of the buyer, unless specified otherwise on the order confirmation or invoice. Deposits Any special order or custom made products require deposits when the order is placed. Our standard deposit terms are 30% with the order 60% prior to shipping from the factory and the final 10% upon delivery. All deposits are non-refundable if the order is canceled or the specifications change after the order is placed. Delivery Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the collection of necessary information and the absence of delays, direct or indirect. Hydroponics will in good faith endeavor to meet estimated delivery dates. Claims Hydroponics is not responsible for damage after pickup by carrier. All shipments must be thoroughly inspected upon delivery. Any damage or shortage must be noted on the delivery receipt and signed by the delivering driver. Loss or damage claims must be reported immediately to the Customer Service Department, provided an Hydroponics contracted carrier was used for delivery. Any claim for a shipment by a carrier arranged, or contracted by the customer must be reported by the customer directly to their carrier. Technical Advice Hydroponics assumes no obligation or liability, expressed or implied, on account of any recommendations, opinions or advice as to the choice, installation or use of products. Any such recommendations, opinions or advice are given and shall be accepted at buyer's own risk and shall not constitute any warranty or guarantee of such products or their performance. Returns No merchandise may be returned without prior authorization from our office or it will be refused. Freight charges and a restocking charge of 25% are charged on all returns unless merchandise is defective (minimum charge US$50.00 or CAD$75.00). Items that are special ordered, made to customer specifications, non-inventory or non-stock items, cannot be returned for any credit due to their special nature (unless found defective). Seller will accept no return of Products from Buyer if the plants or produce at Buyer's facility have been the subject of disease or a reasonable basis exists to suspect that such plants and produce have been the subject of a disease at any time during which the Product was located at Buyer's facility. Seller shall have the right to condition the return of any Product upon the delivery of a written certification by Buyer as to the absence of disease at Buyer's facility as described above. IMPORTANT NOTICE TO PURCHASER: THE FOLLOWING IS MADE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED. SELLER'S AND MANUFACTURER'S ONLY OBLIGATION SHALL BE TO REPLACE SUCH QUANTITY OF THE PRODUCT PROVEN TO BE DEFECTIVE. NEITHER SELLER NOT MANUFACTURER SHALL BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT OR CONSEQUENTIAL, ARISING OUT OF USE OR THE INABILITY TO USE THE PRODUCT. BEFORE USING, USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR HIS INTENDED USE AND USER ASSUMES ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION THEREWITH. THE FOREGOING MAY NOT BE CHANGED EXCEPT BY AN AGREEMENT SIGNED BY OFFICES OF SELLER AND MANUFACTURER ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN RELATION TO THIS CONTRACT OR THE SALE OF GOODS BY SELLER, MAY, AT THE ELECTION OF SELLER, BE SETTLED BY ARBITRATION UNDER THE TERMS OF THE FEDERAL ARBITRATION ACT ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT UPON AN AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. ANY ARBITRATION PROCEEDING INSTITUTED SHALL BE HELD IN THE STATE OF NEW JERSEY, OR AT SUCH OTHER LOCATION IN THE UNITED STATES AS SELLER SHALL DESIGNATE. Shipments We are able to ship out most orders by the following methods: Ocean Freight, Motor Truck, United Parcel Service and Air Freight. Normally we route shipments the most economical way unless otherwise instructed. Air Freight is only used at the request of the customer. Motor Truck Shipments The BILL OF LADING indicates that material shipped has now become your property and is an acknowledgment by the Transportation Company of the receipt of the material in good condition. Safe delivery is now the responsibility of the carrier. EXAMINE THE SHIPMENT CAREFULLY BEFORE SIGNING FREIGHT BILLS. If any damage is noted, or if the number of pieces received does not agree with the bill of lading, do not accept shipment without shortage or damage noted on the freight bill by the carrier's agent; failure to do so may jeopardize your recovery. If any concealed damage or shortage is discovered when unpacking, leave material and packing as is and notify agent of carrier to inspect and make reference thereto on the freight bill. Consult carrier for disposition of damaged articles. We will be glad to render assistance to trace and recover lost goods. Make your claim promptly. The transportation charges resulting therefore must not be deducted from the invoice, nor payment or invoices withheld awaiting adjustment of such claims, since it is the function of the carrier to guarantee safe delivery. Check items received to the invoice. If there is any discrepancy, contact us immediately. Claims for shortage attributed to your count in packing must be made within 10 days from the date shipment is received. United Parcel Service Delivery We have found that UPS deliveries are generally the best method for shipping small quantities, providing certain requirements can be met. We cannot ship all material via UPS. There is a maximum weight per package of 70 pounds; the maximum size allowed is 130" length, width, height combined. Next Day Air Next day air service is available throughout the United States and parts of Canada. Most of these shipments will receive morning or afternoon delivery, whichever you specify. Please call for more information about delivery outside of the United States. 2nd Day Air 2nd day air service is available nationwide and in parts of Canada. Please call for more information about delivery outside of the United States. Damaged UPS Shipments If you see that the package is damaged upon receipt from UPS, refuse the shipment. UPS will return the shipment to us. We will file a claim and send out a new shipment immediately. If after opening the package you find concealed damage, notify us at once and we will have UPS pick up and return it to us for a claim and we will reship your order. NO DELIVERIES WILL BE MADE TO AN ADDRESS WITH A PO BOX NUMBER ONLY. A STREET ADDRESS IS REQUIRED. DO NOT RETURN ANY MERCHANDISE WITHOUT PERMISSION FROM US OR IT WILL BE REFUSED. |