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Terms & Conditions | B&D Industrial

TERMS & CONDITIONS

The purpose of B&D Industrial terms and conditions equalizes the risk between the customer and B&D Industrial because we want partners and partners share risks. B&D Industrial also understands that these terms do not always work for everyone and we are willing to be flexible. Any negotiation must be conducted, and a document must be produced agreeing to the mutually negotiated set of new terms. It is important to understand that if the terms are not negotiated and agreed upon in writing, then B&D Industrial terms are active after 7 days of receipt of order regardless of language on customer’s purchase order. The additional payment details are listed below:


  • A past due amount reflected on the account could result in delays in processing orders and possibly suspension of the open account, even if the account is within the credit limit

  • Customers agree to pay a monthly service charge of 1.5% on invoices past due 30 or more days (18% Annual Percentage Rate), If Terms are not negotiated otherwise

  • That in the event of non-payment and the institution of legal proceedings the person, firm, or corporation to whom open account was extended agrees to bear the expense of all legal proceedings plus an attorney fee

  • That notice will be given to B&D Industrial of any change in business structure, in other words incorporation, changed ownership etc. that without such notice original principals to whom credit was extended shall remain liable. Notice to be given by certified or registered letter and acknowledged by return receipt

  • Customers will be charged the current legal amount for returned checks

  • Submission of orders constitutes agreement with B&D Industrial's terms and conditions. Customer agrees that all returns and chargebacks are governed by B&D Industrial's terms and conditions, where applicable, and that said terms and conditions will be the basis for settling disputes related to those transactions

  • Customer grants B&D Industrial an expressed and implied "materialman's" lien (or "mechanic's" lien or "machinery" lien) in any products, goods, or supplies deployed or shipped by us until such time as the monies owed for those products have been paid in full, whether or not an official lien notice has been filed in accordance with state requirements.  Customer acknowledges B&D Industrial's lien as a priority lien for the sake of debt classification and agrees to provide payment before requesting any lien release

  • All Credit Card purchases are subject to a 3% transaction fee

Milestones and Payments

For orders of $25,000 or more, there will be payment milestones that will also be automatically triggered with the following schedule:


  • 30% at time of order

  • 30% on initial drawings being delivered

  • 30% due at shipment of order

  • 10% billed in accordance with customer payment terms

    • If commissioning was included in the hardware design as one-line item, then all will be billed at time of shipment. The project will remain open for 90 days from the date of shipment to complete any additional work as part of the project scope.

Cancellations and Returns

Any custom design can be cancelled during the first week of the design build process for zero cost or penalty in writing. After the first week, the cost to cancel (minimum of 30%) is based on the investment for B&D and will be billed at the appropriate rate based on value of the hardware and engineering time incurred. Non-custom goods must also be made in writing and is subject to a handling and restocking fee equal to a minimum of twenty percent (20%) of the price set forth on the invoice within 30 days from time of order.


Any goods returned must be in a first class, saleable condition, returned freight prepaid in its original container, subject to inspection by B&D Industrial. Goods failing to so confirm will not be subject to any refund, whatsoever. Shipping and freight charges will be deducted from the return.


Custom manufactured parts designed and engineered by B&D partner vendors, after receiving customer signed approval drawings or documents, cannot be cancelled or returned for any reason without the written consent of an officer of B&D Industrial.

Taxes

This quotation does not include any federal, state or local taxes that may apply. Taxes and permits are the responsibility of the Customer until such time as the appropriate tax exemption document(s), as defined and required by B&D Industrial, are received.

Confidentiality and Patents

Even without a non-disclosure agreement, B&D acts if there is one in place based on our Ethical rules. We expect the same treatment for our designs, proposals, and discussions.


B&D Industrial agrees to hold harmless and protect the customer against all losses or damages and lawsuits arising from actual or alleged infringement of US. Patent by products designed by B&D Industrial, providing the Customer gives prompt notice in any such claim and cooperates with and permits B&D Industrial to defend at B&D Industrial’s expense.

Shipping and Delivery

Shipping is FOB with all freight charges, including inbound and outbound freight, will be added to the cost of the project or design as a separate charge and line item. Shipping dates are estimates and if the project or design will be late, B&D will communicate to the Customer’ point of contact. Being reasonable, B&D cannot plan on certain aspects of delivery delays due to: (1) acts of God, Customer's acts, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, wars, riots, terrorism, delays in transportation; (2) inability to obtain necessary materials, components, or outside manufacturing services; In the event of any such delay, the date of shipment shall be extended for a period equal to the time lost by reason of the delay.


It is also important for the customer to inspect all goods immediately upon delivery. This needs to happen within 24 hours from the date of delivery. If any issue is brought up beyond 24 hours, B&D will reasonably try to correct as a warranty claim but understanding that the non-communication within that period shall constitute a waiver by the customer of all claims. No-goods may be returned without written consent.


*Important Note* Shipping to residential addresses will require additional charges. Customers in Canada and other countries are responsible for all duties, brokerage and applicable taxes.

Warranty and Repairs

Manufactured goods will be free of defects in materials and workmanship for one (1) year from shipment for all new products unless identified differently in the original quote or proposal. If during this period, goods are proven to B&D Industrial to be defective, they shall be repaired or replaced at B&D’s option. B&D Industrial warrants only those parts manufactured or approved by B&D. This action constitutes a fulfillment of all liabilities. Repairs beyond listed warranty items will be performed on a time and material basis at published engineering rates and billed upon completion.


The Following Items Are Excluded from This Warranty:


  • Routine maintenance and adjustment as specified in the equipment instruction manual
  • Failure due to improper installation or inadequate maintenance by the Customer
  • Malfunctions that occur because of customer-supplied interfacing
  • Physical damage resulting from an accident, misuse, or abnormal conditions of operation
  • Attempts to utilize goods under conditions that exceed designed capabilities
  • Performance adjustments post commissioning


*Important Note* No other warranty is expressed or implied including warranties of merchantability and fitness for any purpose. B&D Industrial is not liable for incidental or consequential damage such as, but not limited to, lost profits, loss of use of other equipment, or increases in operating costs or expenses. Also, penalty clauses by the Customer are not effective unless approved in writing by an officer of the B&D Industrial.

Service and Technical Support

The purpose for onsite or remote technical support is to assist in customers continual operations and needs. We offer phone/remote support 24/7 with the first hour being non-billable during normal weekly business hours, billing for remote support will be at the discretion of B&D’s support agent. Onsite visits that are determined to be non-warranty service calls are subject to billing at the published engineering rates. A purchase order is required prior to the visit. B&D offers onsite services to apply our industry knowledge to assist the customer in determination of a performance or functional problem including failures. The billable time is for discovery and assistance in rectification but does not guarantee any outcome.

Performance Guarantees

B&D Industrial engages in component and system retrofits, repairs, and migrations every day and has for over seventy years. Often, the original designs have clear performance specifications but usually have had customer modifications over the active use period of the system. B&D does due diligence with engineering and design and offers the best solution with the information that is currently known. Sometimes theoretical and real performance measurements differ, and B&D will do everything possible to meet the customer specifications and requirements but may require additional engineering or hardware that is subject to billing in addition to the original proposed solution.

Indemnity of B&D Industrial

Customer agrees to indemnify and hold harmless B&D Industrial against any and all claims, demands, expenses, liabilities, or causes of action arising out of the injury or death of any person when such injury or death arises from or is connected with (1) any act or omission on the part of the Customer, its agents, servants or employees; or (2) any condition resulting from the installation of the machine on the Customers premises; or (3) the misuse or modification of the manufactured goods by the Customer, its agents, servants or employees.

Controlling Law

The validity, construction and performance of these Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, excluding that body of law applicable to choose of law. Each of the party’s irrevocable consents to the exclusive jurisdiction and venue of the federal and Georgia State Courts in any action relating hereto or to the subject matter hereof. In the event any provision of these Terms & Conditions or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms & Conditions shall remain in full force and effect.