Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
Limitations of Liability
In no event shall BMS Pro (BMS Procurement Service, Inc.) be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prices; Typographical Errors
Prices are subject to change without notice. BMS Pro is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BMS Pro shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BMS Pro shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BMS Pro shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BMS Pro reserves the right at any time after receipt of your order to accept or decline your order for any reason. BMS Pro reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Sales and Use Tax
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.
Warranty Limitations
Except as specifically set forth therein, BMS Pro makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Payment Terms
Terms of payment are within BMS Pro’s sole discretion, and unless otherwise agreed to by BMS Pro, payment must be received by BMS Pro prior to BMS Pro’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by BMS Pro. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. BMS Pro may invoice parts of an order separately. Orders are not binding upon BMS Pro until accepted by BMS Pro. Any quotations given by BMS Pro will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping Charges/Taxes/Delivery
Separate charges for shipping and handling will be shown on BMS Pro’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on BMS Pro’s invoice. BMS Pro will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.
Title/Risk of Loss
Title to products and risk of loss passes from BMS Pro to you upon delivery to the carrier.
Components
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Custom-cut, customer built or special order items are considered non-cancelable and non-returnable.
Export Sales
Customer agrees that it will not divert, use, export or re-export the Products contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
Amendments/Applicable Law
These terms and conditions may be amended at any time by BMS Pro. The laws of the State of Florida shall govern these Terms and Conditions.