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Anchors |
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Anchor Kits |
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Assortment Kits
(Fasteners) |
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Bins: Plastic |
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Bins: Steel |
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Bits -
Carbide, Drill, Insert, Power |
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Cable Ties |
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Cap Screws |
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Carriage Bolts |
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Custom Fasteners |
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Deck Screws |
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Drywall Screws |
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Electrical Connectors |
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Elevator Bolts |
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Eye Bolts & Nuts |
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Flange Screws |
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Floorboard Screws |
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Frame Bolts |
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Hanger Bolts -
Dowel Screws |
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High-Lows |
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Industrial Hardware |
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L&J Anchor Bolts |
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Lag Screws |
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Machine Screws |
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Metric
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Bolts, Fasteners, Nuts |
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Nuts & Bolts |
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Particle Board Screws |
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Pins -
Cotter, Spring, Roll, Spring |
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Plow Bolts |
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Retaining Rings |
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Rivets - Blind, Tubular |
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Security Screws |
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Self-Clinching -
Nuts, Standoffs, Studs |
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Socket Screws -
Cap, Set, Shoulder |
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Square Head Bolts |
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Step Bolts |
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Structural Bolts |
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Surplus Stock |
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Tamperproof Fasteners |
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Tap Bolts |
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Thread-Cutting Screws |
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Thread Rolling Screws |
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Threaded Rods & Studs |
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Thumb Screws |
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Tools |
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U-Bolts |
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U-Drive Screws |
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Washers |
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Weld Nuts - Weld Screws |
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Wood Screws |
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 TERMS
AND CONDITIONS
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Website Use |
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Terms
and Conditions of Sale |
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CUSTOMER. Customer is the person
or entity shown on the face of
this Invoice as the “Customer.”
No other person or entity may
claim any rights under this
Invoice either through contract
or as third party beneficiary
thereto. |
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BINDING AGREEMENT. Customer
shall be bound by the terms of
this Invoice whether or not
signed by Customer unless
Customer objects in writing
specifying a term or terms
involved. The failure of the
Customer to object to the terms
of the Invoice including but not
limited to the identification of
the materials shown on the face
hereof, the unit pricing, the
quantity or the total due within
ten (10) days after the Invoice
date shall be conclusively
deemed to constitute acceptance
by Customer of such terms. In
addition to the foregoing, in
the event Customer receives this
Invoice prior to receipt of the
materials, Customer shall be
required to immediately notify
Hudson Fasteners, Inc. of any dispute or
discrepancy in the
identification of the materials
shown on the face hereof, the
unit price, the quantity or the
total due. The acceptance by
Customer of the materials
without such prior notification
to Hudson Fasteners, Inc. of the dispute
or discrepancy shall be
considered a waiver by Customer
of its claim and Customer shall
be deemed to have accepted the
materials in accordance with the
terms of this Invoice. The order
covered by this Invoice may not
be cancelled by Customer unless
Hudson Fasteners, Inc. consents thereto in
writing. |
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PAYMENT. Payment is due upon
receipt of this Invoice unless
other payment terms are
specifically indicated. A
finance charge at the rate of
one and one half (1 ˝ %) percent
per month (or the highest rate
permitted by law, if lower) of
the Invoice balance will be
charged if payment is not
received within thirty (30) days
from the due date. In the event
Customer intends to resell the
materials, it is agreed that
payment to Hudson Fasteners,
Inc. shall
not be dependent upon receipt of
payment by Customer from its
buyer. |
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DELIVERY. Subject to the term of
this Invoice. Hudson Fasteners,
Inc. will
use its efforts to deliver the
materials in an orderly and
businesslike fashion following
its receipt of the same from
suppliers, etc. Unless otherwise
specified on the face of this
Invoice, Customer agrees to
accept delivery of the materials
when tendered by Hudson
Fasteners, Inc.
In those instances when Hudson
Fasteners, Inc. does not have the
materials in stock it will
schedule a delivery date
following its receipt of the
materials and Customer agrees to
accept the delivery of the
materials when tendered by
Hudson Fasteners, Inc. In the event Customer
requests a postponement of the
delivery, Hudson Fasteners, Inc., at its
option, may (a) require Customer
to pay the balance due on the
originally specified payment
date or (b) utilize the
materials for other customers or
other purposes. In the event
Customer pays the balance due as
set forth in (a) above, Hudson
Fasteners, Inc. agrees to hold the
materials for Customer for a
period not exceeding thirty (30)
days in the event Customer does
not pay the balance due as
required, does not accept
delivery of the materials within
the thirty (30) day period after
having paid for same, or Hudson
Fasteners, Inc. elects to use the
materials as set forth in (b)
above, then in any of those
events, Hudson Fasteners, Inc., as it
options, may refund to Customer
any monies previously paid for
the materials or reorder the
materials for the Customer. Said
reorder will be subject to
availability and pricing
schedules then in effect.
Provided; however, that nothing
set forth above shall relieve
Customer of the obligation to
pay for the materials as
specified in this Invoice. Any
postponement of the delivery
date specified by Hudson
Fasteners, Inc.
at the request of Customer is an
accommodation by Hudson
Fasteners, Inc.
and does not relieve Customer of
its obligations hereunder. The
delivery date specified by
Hudson Fasteners, Inc. may be changed by it in
accordance with the other
provisions of this Invoice.
Notification of a change in the
delivery date shall be given to
Customer orally or in writing.
Time of delivery is not of the
essence unless specifically set
forth on face of this Invoice. |
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INSPECTION. Customer shall
inspect the materials within
twenty four (24) hours after
delivery. Unless Customer gives
written notice to Hudson
Fasteners, Inc.
within ten (10) days from the
delivery date specifying any
damage or defect or other
objection to the materials or
shipment, it shall be
conclusively presumed, as
between Customer and Hudson
Fasteners, Inc., that Customer has fully
inspected and acknowledged that
the materials comply with all
the terms, conditions and
specifications of the order and
that Customer is satisfied with
and has accepted the materials
in such condition and repair. |
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RETURNS. No returns will be
accepted without prior return
authorization from Hudson
Fasteners, Inc..
All requests for returns must be
made within thirty (30) days
from the delivery date.
Materials tendered for return
(except those tendered for
defects) must be in saleable
condition and, in all cases,
must be packed in original
cartons and returned shipping
prepaid to Hudson Fasteners,
Inc. accompanied by a return
authorization number clearly
displayed on the shipping label.
Regardless of shipping terms,
materials returned shall remain
at the risk of Customer until
actually received by Hudson
Fasteners, Inc. |
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WARRANTY. Materials will, at the
option of Hudson Fasteners, Inc., be
accepted for return, repair, or
replacement, provided Customer
gives written notice of the
damage, defect or other
objection to the materials, to
Hudson Fasteners, Inc. within ten (10)
days from the delivery date.
Thereafter, Hudson Fasteners,
Inc. shall
have no further obligation.
Hudson Fasteners, Inc. makes no
representation that the
materials are suitable for any
specific use or purpose. In
addition, Hudson Fasteners, Inc. shall not
be responsible for mismarkings
on shipments except to the
extent that the same may be
returned in accordance with the
warranty contained herein.
Hudson Fasteners, Inc. will be the sole judge of
whether materials tendered for
return are damaged or defective
or whether Customer’s claim
should be honored. Hudson
Fasteners, Inc.
will be given a reasonable
opportunity to investigate any
claim. |
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LIMITATION OF WARRANTY. Hudson
Fasteners, Inc. shall not be obligated to
accept the tender of any
materials for return, repair or
replacement if Customer: (a)
Makes or attempts to make
alteration of any kind to the
materials: (b) is negligent or
does not use due care with
regard to the materials: (c)
Subjects the materials to abuse
or other than ordinary use: (d)
Permits any third party to do
any of the foregoing: (e) Does
not give notice of the existence
or nature of any damage defect
or other objection to the
materials within the time
periods specified herein. |
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LIMITATION OF LIABILITY. THE
OBLIGATIONS OF HUDSON FASTENERS,
INC.
SPECIFIED IN PARAGRAPH 7 HEREOF
SHALL BE THE TOTAL LIABILITY OF
HUDSON FASTENERS, INC HEREUNDER. HUDSON
FASTENERS, INC. MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR
IMPLIED, IN FACT OR IN LAW
INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. IN NO
EVENT SHALL HUDSON FASTENERS,
INC BE
RESPONSIBLE FOR PAYMENT OF ANY
INCIDENTAL OR CONSEQUENTIAL
DAMAGE INCLUDING WITHOUT
LIMITATION LOSS OF USE, LOSS OF
PROPERTY, PERSONAL INJURY, LOSS
OF PROFIT OR LIABILITY TO THIRD
PARTIES. |
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OWNERSHIP OF MATERIALS. The
materials shall remain the
property of Hudson Fasteners,
Inc. until
payment has been made in full
(including all finance charges,
if any). Hudson Fasteners, Inc. may enter
Customer’s premises while an
employee of Customer is present
in order to retake possession of
any materials for which payment
in full has not been received. |
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MATERIALS. The size, gauge,
temper, surface quality and
tolerances of materials shall
conform to industry or trade
standards. Hudson Fasteners,
Inc. may make
reasonable adjustments to the
quantity ordered in conformity
with industry or trade
practices. Quantity variations
of 10% shall be acceptable.
Customer may not reject
materials based upon quantity
variations as indicated above. |
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FORCE MAJEURE. Hudson Fasteners,
Inc.
shall not be liable to Customer
for any delay or failure to
perform its obligations with
regard to the order covered by
this Invoice or otherwise if the
same arises from any cause
beyond the reasonable control of
Hudson Fasteners, Inc. (whether or not
similar in nature to any of
those herein after specified),
including but not limited to
labor disputes, strikes, other
labor or industrial
disturbances, inadequate
transportation facilities,
delays or interruptions in
transportation, currency or
price fluctuation, acts of God,
floods lightning, shortages of
materials, rationing, utility or
communications failures,
malfunctions or disturbances,
earthquakes, casualty, war, acts
of the Public Enemy, riots,
insurrections, embargoes,
blockages or actions,
restrictions, regulations or
orders of any government agency
or subdivision thereof. |
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SHIPMENT, LOSS OR DAMAGE.
Customer hereby assumes all risk
of loss and damage to the
materials in accordance with the
terms of delivery. Unless
otherwise specified on the face
of this Invoice, risk of loss or
damage shall pass to the
Customer upon the earlier of (a)
delivery of the materials to a
common carrier for
transportation to Customer or
(b) delivery of the materials to
the Customer’s facility or other
location designated by Customer.
The method of shipment of the
materials shall be at the
discretion of Hudson Fasteners,
Inc.
unless otherwise specified on
the face of this Invoice. |
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INDEMNIFICATION. Customer shall
indemnify against and hold
Hudson Fasteners, Inc. harmless from any and all
claims, actions, suits,
proceedings, costs, expenses,
damages and liabilities,
including attorney’s fees,
arising out of, connected with
or resulting from Customer’s
possession or use of the
materials. Customer shall pay
Hudson Fasteners, Inc. all costs and
expenses, including attorney’s
fees, incurred by Hudson
Fasteners, Inc.
in exercising any of its rights
or remedies hereunder or in
enforcing any of the terms,
conditions or provisions of this
Invoice. |
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ASSIGNMENT. The Customer may not
assign its right under this
Invoice without the prior
written consent of Hudson
Fasteners, Inc. |
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TAXES AND DUTIES. In the event
any taxes or duties are imposed
or increased on the materials
covered by this Invoice between
the date hereof and the date of
delivery, Customer agrees that
the amount thereof shall be
added to the price of the
materials covered by this
Invoice. Customer further agrees
to pay all applicable federal,
state and local taxes, upon or
on account of the materials
covered by this Invoice. |
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NOTICES. All notices required or
permitted in connection with
this Invoice shall be in writing
and sent by registered or
certified mail, returned receipt
requested with proper postage
affixed. Notices shall be sent
to the address for the party
indicated on the face of this
Invoice or to such other address
which the party may from time to
time designate in writing.
Notice shall be deemed given
upon receipt. |
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ENTIRE AGREEMENT. There are no
representations, promises, or
warranties, covenants or
undertakings other than those
contained in this Invoice which
represents the entire
understanding between the
parties. |
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MODIFICATION AND WAIVER. None of
the terms of this Invoice shall
be deemed to be waived or
modified unless in writing and
signed by the party against whom
waiver or modification is
sought. No waiver of any
provisions in this Invoice shall
be deemed a waiver of any other
provision or a continuing waiver
of that provision. |
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SUPERSEDING EFFECT. This Invoice
shall be deemed to supersede any
agreement entered into by the
parties concerning the
materials, or any prior or
subsequent course of dealing,
written or oral, or any trade
usage, or any terms or
conditions of Customer’s
purchase order or other
documents received from
Customer. |
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SEVERABILITY. If any provision
of this Invoice is for any
reason declared to be invalid,
the validity of the remaining
provisions shall not be affected
thereby. |
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APPLICABLE LAW. This Invoice
shall be deemed to have been
made in the State of New York
and all matters pertaining to
its enforcement and
interpretation shall be governed
by and construed in accordance
with the laws of that State. Any
litigation relating to the terms
of this Invoice or to a breach
thereof or relating to the
underlying transactions shall be
in the State of New York, which
shall be the exclusive
jurisdiction. |
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PARAGRAPH HEADINGS. The
paragraph headings of this
Invoice are for convenience and
reference only and in no way
define, limit or describe the
scope or intent of this Invoice
nor in any way affect this
Invoice. |
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