Terms and Conditions
TERMS OF SALE:
All sales of goods or services by Interlink Marketing Corporation dba SMG/interlink (“SMG”) are conditioned upon the terms and conditions of sale outlined below. Any term, condition or provision (hereafter terms) of Customer’s online order or other document supplied by the Customer in connection with this sale that is in any way inconsistent with, or in addition to these terms of sale shall not be applicable to this sale nor binding upon SMG.
MODIFICATION OF TERMS:
SMG may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
Trademarks used or displayed at this Website (Site) are trademarks of Interlink Marketing Corporation or SMG/interlink, or third party owners. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior written permission of SMG or such third party owner. The names of various manufacturers, their instruments, and their products referred to herein may be protected by trademark or other law, and are used herein solely for purpose of reference. SMG expressly disclaims any affiliation with them or sponsorship by them.
SMG’s prices are those shown on this Site at the time the order is placed and payment received. Quotations provided separately remain in force for 30 days from the date of quotation or as specified in the quotation. Prices are thereafter subject to change without notice.
Payment terms are payment via credit card or electronic check at time of purchase. All payments are to be in U.S. dollars. Payments on credit sales agreed to in writing by SMG prior to sale are due 15 days from date of invoice. SMG may charge interest at 1½% per month or, if lower, the maximum amount permitted by law, on all overdue accounts.
Shipments and deliveries shall be subject to payment being received prior to shipment. Shipping shall be F.O.B. manufacturer’s warehouse with freight charges prepaid and invoiced. Partial shipments will be invoiced as shipped. Title and risk of loss shall pass to the purchaser at the point of shipment. Claims for shipping damages should be made to the carriers.
If the requested or promised delivery date is delayed through no fault of SMG, SMG reserves the right to invoice in advance of shipment under regular terms of payment. In addition SMG may charge an additional management fee for storage and other logistical requirements associated with managing delayed shipments.
Neither party shall be liable for a delay in its obligations and responsibilities under this Agreement due to causes beyond its control, including without limitation, fire, flood, sabotage, embargo, explosion, war, labor trouble, accident, riots, acts of governmental authority, acts of God, or delays or failure in obtaining materials or transportation.
Cancellation requires 24 hour prior notification via facsimile or email to SMG. SMG may charge a cancellation/restocking fee equal to that charged by the manufacturer for any order cancellation. Any service contract or order cancelled may incur a charge equal to 30% of the contract total. All prepaid service contracts are non-refundable.
Each new instrument sold by SMG carries the manufacturer’s warranty, and is new product unless stated otherwise. SMG provides no additional warranty. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS, ARE EXCLUDED.
Authorization and shipping instructions for the return of any product must be obtained by the purchaser from the manufacture with the exception of Honeywell and subsidiary companies. Honeywell returns must be handled through SMG by contacting SMG for a Return Material Authorization (RMA) number and return instructions.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL SMG BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY PENALTIES OF ANY KIND, OR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, WHETHER OR NOT FORESEEABLE, ARISING OUT OF OR RELATING TO THE GOODS OR SERVICES PROVIDED BY SMG. SMG’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE GOODS OR SERVICES PROVIDED SHALL NOT EXCEED THE AMOUNT PAID TO SMG FOR THE SALE OF THE SPECIFIC GOODS OR SERVICES CITED IN SUCH CLAIM.
Minimum billing charges are imposed by some manufacturers and are reflected in quoted prices at time of sale. Specifically, orders for some Honeywell and Honeywell Safety Products instruments which in total are less than $400.00, before transportation, are subject to a minimum total invoice charge of $50.00, which is added to the invoice, plus transportation charges.
The validity, performance and construction of this order shall be governed by the laws of the State of Texas.