Circle D Manufacturing
30 YEARS OF HANDTRUCK MANUFACTURING EXPERIENCE
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Terms and Conditions

ACCEPTANCE—All sales made by Circle D Mfg. Co. LLC. are made pursuant to  these terms and conditions.  If we have previously received a purchase order or other documentation from you that limits acceptance to its terms or states that our acknowledgement, shipping of material, commencing work, or other act or failure to act constitutes acceptance of an offer on the terms of your purchase order, this invoice or any responding document sent by us which expresses acceptance or confirms the order is expressly conditioned on your assent to the terms set forth herin and in such responding document.  Such assent shall be deemed given when you accept shipment of any other the material described.  Until you accept our counteroffer by accepting shipment, we may withdraw or modify it at any time.

QUOTATIONS - The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which Circle D Mfg. Co., LLC.  will make reasonable efforts to achieve.

DELIVERIES AND CLAIMS AGAINST CARRIER— We will, at your request, estimate the anticipated time of delivery of any order, but we will have no liability for any non-timely delivery.  A clear receipt given to the carrier by the consignee eliminates the possibility of a claim for damage or shortage against the carrier.  In  cases of shortages or damaged material, both your copy and the carrier’s copy of the receipt, freight bill, or delivery memo (as the case may be) must be noted with the detail of the shortage or damage and all copies must be  signed and acknowledged by the carrier’s driver or representative. 

PAYMENT -  New clients or other clients out of terms may be expected to pay in advance for their services. All other invoices issued by the Company shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by the Company. We accept Credit Cards, Debit Cards, money orders and company checks.

TECHNICAL ADVICE— None of our agents, employees or representatives have nay authority to bind us to any affirmation,  representation or warranty other than those stated herin.  In particular, any technical advice we furnish with respect to the use of material is given without charge, and we shall have no obligation or liability for the advice given to the results obtained, all such advice being given and accepted at your risk.

LIMITED WARRANTY—We warrant that all material covered by this order, at the time of shipment by us, conforms to any specifications set forth on the face hereof, and  conforms to the description contained in the Certificate of Tests or Certificated of Compliance if conformity results from damage, misuse, abrasion, corrosion, negligence, accident, tampering, faulty installation, improper storage, inadequate maintenance, or any other cause affecting the material after shipment of the material.  THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY.  WE DISCLAIM ALL OTHER WARRANTIES WITH RESPECT  TO MATERIAL SOLD OR SERVICE RENDERED, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR MERCHANT ABILITY AND FITNESS OF THE JUDGMENT OF US OR ANY OF OUR AGENTS, EMPLOYEES OR REPRESENTATIVES TO SELECT OR FURNISH MATERIAL FOR ANY PARTICULAR PURPOSE.  YOU AFFIRM THAT YOU HAVE NOT RELIED UPON THE SKILL OR JUDGMENT OF US OR ANY OF OUR AGENTS, EMPLOYEES OR REPRESENTATIVES  TO SELECT OR FURNISH MATERIAL FOR ANY PARTICULAR PURPOSE, AND THE SALE IS MADE WITHOUT ANY WARRANTY BY US THAT THE MATERIAL IS SUITABLE FOR ANY PARTICULAR PURPOSE.

Except for the specifications and certificates (if any) specifically referred to above, any description of the material or service contained in this invoice is for the sole purpose of identifying it, is not part of the basis of the bargain, and does not constitute a warranty that the material or service shall conform to that description.  The use of any sample in connection with this sale is for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the material will conform to the sample.  Any affirmation of fact or promise made by us is not part of the basis of the bargain and shall not constitute a warranty that the material will conform to the affirmation or promise.

EXCLUSIVE REMEDY—We will, at our option and as your exclusive remedy, replace with new material, or refund the purchase price for, material that is defective or non-conforming at the time of shipment if you give written notice of the defect or nonconformity to us within 45 days after receipt.  After such 45 day period, all materials shall be deemed to have been accepted.  If we elect to refund the purchase price, you must return the material to us immediately.  This exclusive remedy shall not be deemed to have failed of its essential purpose so long as we are willing and able to replace defective or non-conforming material or refund the purchase price within the time specified.  UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DAMAGE, INCLUDING ATTORNEY FEES OR ANY SPECIAL INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE OR LOSS, ARISING FROM CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OR DAMAGE TO BUILDINGS, CONTENTS, PRODUCTS, OR PERSONS ( OTHER THAN INJURY TO PERSONS IN RESPECT OF WHICH LIABILITY IS IMPOSED BY LAW) EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event shall our liability exceed the purchase price of the material sold or services rendered by us.  You must immediately discontinue use of any item claimed to be defective.  No charge for labor or expense required to repair defective material or occasioned by it will be allowed.

LIMITATION ON ACTIONS—  No action against  us for breach of the agreement with respect to this sale may be brought more than one year after the delivery of material.

GOVERNING LAW AND VENUE—  You agree that all disputes relating to any material sold or services rendered by us to you shall be governed by the laws of the District of Nebraska or the Gage county Court and you consent to both venue and personal jurisdiction in those courts to the exclusion of all others.

FINAL AGREEMENT— This writing is intended by the parties as a final expression of their agreement  and intended  also as a complete and exclusive statement of the terms of their agreement.  Any subsequent modification or amendment  it may be made only in writing signed by both parties.