Terms & Conditions
These terms and conditions constitute the entire Agreement between Surplus Valves & Fittings (SVF) and Buyer. Buyer accepts this Agreement either in writing, by ordering goods or by the acceptance of any services by SVF. These terms and conditions are the only contractual terms and conditions between the parties relating to the goods and services to be purchased by Buyer, notwithstanding anything contained in any order form or other documentation of the Buyer, and controls over any such terms in any such order form or documentation. These terms and conditions can only be altered in writing, signed by SVF.
The price charged by SVF for goods and services shall be the price which prevails on the date of dispatch and will be subject to any applicable tax, duty or other applicable government fee. SVF will only accept payment in advance via credit card.
Title to all goods provided by SVF shall pass to Buyer only upon payment to SVF by Buyer of all sums due to SVF as a result of this sale as well all other amounts due from Buyer to SVF on any account whatsoever.
Unless otherwise agreed, shipping is the responsibility of Buyer, including insurance. Buyer shall bear the risk of all items lost or damaged during transport.
The Buyer shall examine all goods upon delivery. The goods shall be deemed accepted unless the Buyer notifies SVF, in writing, within 2 days of the date of delivery, of the partial loss damage, or non-conformance of the goods. If non-conformance is alleged, SVF shall be allowed a reasonable time to investigate before the goods are either used or returned. SVF shall not be liable for any damage, loss or non-conformity unless this procedure is strictly followed.
The goods are warranted to accord to the written specifications (if any) of the Buyer or, if no written specifications are provided, to Industry standards. However, SVF gives no warranty as to the fitness of the goods for any particular purpose even if that purpose is specified by the Buyer in writing. All warranties as to fitness of the goods for any particular purpose (express or implied by statute, trade, custom, practice or otherwise) are hereby expressly excluded.
If the Buyer follows the above procedures and the goods do not conform as that is defined above, then SVF shall either replace the defective good or refund the price of that good, within its sole discretion, within a reasonable time, unless the defect is attributable to materials supplied by 3rd parties in which the Buyer’s sole remedy shall be against the 3rd party. Under no circumstance will SVF’s obligation exceed the price of the good(s). If Buyer fails to make any payment to SVF for the delivery of these or any other goods, or, if the Buyer files for bankruptcy or a receiver is appointed to manage its affairs, SVF shall be excused from any further performance, shall be entitled to enter Buyer’s property and retrieve any goods for which SVF has not been paid, and shall be immediately entitled to pursue all amounts owed to SVF for any goods and services.
If, for reasons beyond its reasonable control, SVF is prevented from delivering Buyer’s Order, SVF’s performance shall be excused until such time as performance becomes reasonably possible.
These terms and conditions shall be governed and interpreted by the Florida law. In any claim or action arising out of Buyer’s Order, the prevailing party shall be entitled to recover the costs necessary to bring or defend the action, including, but not limited to, a reasonable attorneys’ fee. The proper venue for any such action shall be Polk County, Florida. If goods are delivered which infringe on the patents, trademarks or patents of others, due to the specifications provided by Buyer, the Buyer shall indemnify and hold harmless SVF from any claims or suits it, including the costs necessary to defend the action, including, but not limited to, a reasonable attorneys’ fee.
All Notices must be in writing and shall be delivered to SVF at the address set forth in these terms and conditions. Notices sent by facsimile shall be effective when written confirmation of receipt is received by the sender. Notices sent by registered mail shall be effective when received.
Any unused, unaltered products may be returned within 30 days at the buyer’s expense of shipping. Once received, the item(s) will be inspected by our returns department. If the product is in its original condition (condition at time of the sale), the buyer will be refunded the full purchase amount (less shipping) to the credit card they used for purchase.
SVF must be notified in advance of return via phone at +1 832.386.0100 or email: firstname.lastname@example.org
All notices and returns should be sent to:
PM International Suppliers
3500 South Richey, Suite 100
Houston, Texas 77017