Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase (or lease) from OESCO. By placing an order, or submitting any purchase order to OESCO, Customer acknowledges reading, understanding, and agreeing to be bound by these terms and conditions (“Terms and Conditions of Sale”) without limitation or qualification.
THESE TERMS AND CONDITIONS OF SALE APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH OESCO, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
These Terms and Conditions of Sale are subject to change without notice or obligation at any time, at the sole discretion of OESCO.
These Terms and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and OESCO.
Inspection of Goods Upon Receipt
CUSTOMER MUST EXAMINE ALL GOODS SOLD HEREUNDER PRIOR TO SIGNING FOR RECEIPT OF GOODS AT TIME OF DELIVERY.
Any item(s) shipped via a common freight carrier, such as items that are not able to be shipped via United Parcel Service, must be carefully inspected and any damage noted on the freight bill at time of receipt.
IF ANY ITEM IS DAMAGED OR MISSING, CUSTOMER MUST IMMEDIATELY NOTIFY AN OESCO, LLC REPRESENTATIVE.
OESCO will not consider any claim for damaged or missing items more than seven (7) days from the date of delivery.
Order Acceptance Policy
Customer’s receipt of an electronic or other form of order confirmation does not signify OESCO ‘s acceptance of Customer’s order, nor does it constitute confirmation of an offer to sell. OESCO reserves the right at any time after receipt of Customer’s order to accept or decline the order for any reason, including but not limited to the unlikely event of OESCO ‘s business or the business of OESCO ‘s suppliers, being interrupted due to a strike, labor disturbance, lockout, riot, fire, act of God or the public enemy, or any other cause which is beyond the reasonable control of OESCO. OESCO reserves the right at any time after receipt of Customer’s order, without prior notice, to supply less than the quantity ordered of any item. Customer agrees to waive any damages incurred upon OESCO ‘s cancellation of all or any portion of any order, except for a purchase price adjustment equal to the unit price of the canceled portion of the order. OESCO reserves the right to require additional verification or information before accepting any order. OESCO does not accept orders to be shipped outside of the United States.
Invoice and Payment Terms
Terms of payment are within OESCO ‘s sole discretion, and unless otherwise agreed to by OESCO, all merchandise will be invoiced upon OESCO‘s receipt of goods from the manufacturer or supplier, or at the time of shipment in the case of goods being shipped directly to you from a manufacturer or supplier. OESCO reserves the right to require a fifty percent (50%) deposit on special order items.
Payment for the goods sold hereunder will be made by credit card or some other prearranged payment method unless credit terms have been agreed to by OESCO.
Credit Cards: OESCO accepts Visa, MasterCard, Discover and American Express. There is no surcharge for credit card purchases. (Please be sure to provide your exact billing address and telephone number as they appear on your statements. Incorrect information may cause a delay in processing your order.)
Money Orders, Cashier’s Checks, Company Checks, & Personal Checks: OESCO accepts money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. A $35 (USD) charge will be applied to all returned checks.
Corporate Accounts: Upon an approved credit application, businesses may be eligible for a line of credit. Standard terms are net 21 days, unless other terms are specified in a separate written agreement. Two percent (2%) interest will be charged per month on past due accounts.
OESCO will use its best efforts to obtain supplier deliveries in time to meet Customer’s requirements. Under no circumstances is OESCO responsible for any manufacturing or shipping delays, regardless of their cause. Customer will be charged $25 (USD) for any shipment that is refused, except in cases of refusal due to visible damage. Delivery is not available to post office boxes. All shipments are subject to stock availability. OESCO reserves the right to review shipping charges prior to accepting Customer’s order. In cases where an additional shipping charge applies, such as items that must be shipped via a common freight carrier, a representative will advise you of such charges prior to accepting your order.
Prices and Taxes
All prices are quoted in US Dollars, and are subject to change without notice or obligation. All sales and use taxes (if any) and surcharges (if any) will be charged in addition to the purchase price.
Service and Support
All requests for technical service and support must be made directly to the manufacturer or publisher in accordance with their terms and conditions. OESCO will not provide technical service or support on any software or electronic devices other than those items directly leased from OESCO during their active lease period.
Jurisdiction and Venue
Customer agrees that any legal action brought against OESCO shall be governed by the laws of the State of Alabama without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from the use of, or orders made on, the www.oescollc.com site shall be an appropriate federal or state court located in Tuscaloosa County, Alabama.
At OESCO we strive to supply our customers with only the best office products available. But, we also understand that mistakes can and will happen and that problems do arise. In order to serve you better we ask that you adhere to the procedures below:
- You, our customer should check ALL packages and the merchandise enclosed for any visible problems at the time of delivery. If you do find a problem please call Customer Service at 205-764-0653 or email Customer Service immediately so that we can correct the problem promptly for you. We will need the Invoice # and the Item #.
- To be returned, all merchandise must be in the original packaging and in “New” condition.
- Shortages must be reported within 2 business days of the Invoice Date.
- Defective and Damaged items must be reported within 5 business days of the Invoice Date – Concealed damage should be reported within 7 business days of the Invoice Date.
- All other items must be returned within 20 calendar days of the Invoice Date.
- Special Orders and Custom Items are Non-Returnable.
- Food Items, Medicine, and First Aid Items are Non-Returnable.
- Furniture Items are Non-Returnable unless received damaged or a mistake was made on OESCO, LLC’s part. Please be sure to speak with your Salesperson prior to placing an order for Furniture.
Please Do Not “Short-Pay” an invoice when an item has been returned. We will issue you a credit for the returned items and make it clear as to how the Credit has been applied or if it is an Open Credit to apply as you wish.
Once delivered, special order items may only be returned for replacement if defective, and not for any refund. Prior to delivery, special order items are subject to a twenty-five percent (25%) order cancellation penalty. In cases where OESCO is unable to cancel any such special order with the applicable manufacturer(s), the Customer is NOT able to cancel the special order once it is accepted by OESCO. All refunds for non-defective items exclude shipping and handling charges. Defective items must be replaced with identical product.
THIS RETURN POLICY IS NOT A WARRANTY.
OESCO RESERVES THE RIGHT TO CHANGE OR CANCEL THIS RETURN POLICY AT ANY TIME BEFORE ACCEPTING CUSTOMER’S ORDER.
Any return or replacement occurring after 30 days from the invoice date, if possible, must be made directly with the manufacturer. Manufacturer’s warranties vary on each product.
Disclaimer as to Products Sold
All products sold hereunder are guaranteed against manufacturer defects for 30 days from the invoice date.
EXCEPT AS EXPRESSLY STATED HEREIN, OESCO MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER WITH RESPECT TO PRODUCTS SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OESCO ARISING FROM ANY PRODUCT SOLD HEREUNDER SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL OESCO, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OESCO HAS NOT REPRESENTED THAT THE ANTICIPATED USE OF ANY GOODS SOLD HEREUNDER IS IN COMPLIANCE WITH BUILDING, FIRE, OR OTHER APPLICABLE SPECIALTY CODES.
Title, Risk of Loss, and Security Agreement
Title to goods sold hereunder passes from OESCO to Customer at the time of shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by OESCO is OESCO ‘s responsibility, provided goods were inspected at time of receipt and any damage noted as stated above. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Customer agrees to grant OESCO a security interest in all goods sold hereunder. Customer consents to the use of these Terms and Conditions of Sale as a Financing Statement. All goods sold hereunder shall remain at the place of delivery under Customer’s ownership and free from all liens until the purchase price is paid in full. If the purchase price is not paid as agreed, OESCO may require Customer to assemble the goods sold hereunder and make them available to OESCO or its agents for repossession at the place of original delivery.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, OESCO shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. OESCO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or Customer’s credit card has been charged. If Customer’s credit card has already been charged for the purchase and the order is canceled, OESCO shall immediately issue a credit to the credit card account in the amount of the incorrect price.
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Sale, and no construction or inference shall be derived therefrom.