General Sales Terms & Conditions
Variation in Quantity – Non Stock Items
1 – 5 Exact Quantity
6 – 24 ± 1 pc.
25 – 49 ± 2 pc.
50 – 74 ± 3 pc.
75 – 99 ± 4 pc.
100 + ± 5 %
Controlling Terms. Except as otherwise expressly stated in a writing signed by Big Chief, these General Sales Terms and Conditions shall be the only and entire contract for the sale between the parties. Unless otherwise expressly stated in a writing from Big Chief, these General Sales Terms and conditions shall be in lieu of all terms and conditions appearing on the face and /or reverse side of any purchase order, acknowledgement, or other document submitted by the Customer.
Minimum Order. To cover the cost of processing an order, no order can be less than $50.00, excluding tax, shipping, and handling fees.
Prices. Prices are subject to change without notice. Your cooperation and understanding are appreciated.
Payment Terms. Net 30 days to credit approved accounts. We accept Visa, MasterCard, and American Express credit cards. Due to increased processing fees, any amounts paid via credit card will be subject to a 3% surcharge.
Freight. In addition to the cost of the product, Big Chief charges shipping and handling fees (“freight”). UPS, truck, and air freight are standard methods of shipment. Special delivery services, such as courier service, are also available. Shipments are made F.O.B. shipping point. Any claim for shortages or damages suffered in transit must be submitted by the customer directly to the carrier.
Sales Tax. Big Chief’s prices do not include sales, use, excise, value added, personal property or other taxes, duties, or fees. Consequently, in addition to the purchase price, the amount of any present or future sales, use, excise, value added, personal property or other tax applicable to the sale or use of equipment or services hereunder is the responsibility of Customer. If exempt from state sales tax, the customer must provide Big Chief with a tax exemption certificate.
Returns. Customer must contact Big Chief for a Return Merchandise Authorization (RMA) prior to returning any product. Returned merchandise must be in new condition and in the original packaging with all the original accessories, manuals, etc. All returns must be made within 10 business days of the original invoice date and must be shipped freight prepaid. Returns may be subject to a restocking fee. Any made-to-order non-stock items cannot be returned for any reason (except warranty claim).
Returns for Repair or Warranty Claim. Customer must contact Big Chief for a Return Merchandise Authorization (RMA) prior to returning any product. Big Chief will quote a price before a repair is done. A $35.00 evaluation fee will be charged if the customer chooses not to proceed with the repair.
Limited Warranty. All products sold by Big Chief are warranted to be free for defective material and workmanship for the period of time specified by the manufacturer of that product (typically 1 year from the ship date for heaters and sensors, 1-3 years for controls). This warranty will not extend to products subjected to abuse, misuse, neglect, accident, or improper installation or maintenance, or products which have been altered, modified or repaired by anyone other than the seller or its authorized representative.
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, BIG CHIEF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. If any product is found by Big Chief to be defective, Big Chief’s sole obligation under this limited warranty shall be, at its option, the repair or replacement of such product, or refund of the purchase price paid by the customer. In no event shall Big Chief be liable for any incidental, consequential, or special damages of any kind or nature whatsoever.
Force Majeure. Big Chief shall not be liable for delays in performance or nonperformance due to events or occurrences beyond its control, including but not limited to, acts of God, accidents, strikes, war, insurrection, riot, fire, governmental controls, and delays in transportation.
Governing Law. The definition of terms used, interpretation of this Agreement, and rights of parties hereto shall be construed under and by the laws of the State of Ohio, giving no effect to its conflicts of laws rules.