For complete Del City Terms & Conditions,
click here Ordering:
Orders may be placed online, by phone (1-800-654-4757 (toll free) or 262-293-7019), or by fax with the necessary payment information ( 1-800-431-1293 (toll free) or 262-293-7021). All orders received by Del City will be confirmed via
email or by phone at your request. Our Customer Service department is open M-F 7:00 am – 5:00 pm CST.
Payment
Terms:
Payment terms are net 30 days. Visa, MasterCard, American Express and Discover/Novus payments are accepted. No charges will be made to your credit card until the product has been shipped. Credit is available to authorized customers.
Simply fill out and submit the
Credit Application form, and an account representative will contact you and walk you through the
approval process. For complete Del City Terms & Conditions, please
click here.
Freight:
Orders for in-stock items will normally ship the same day or next day via UPS ground. Priority shipments of in-stock items must be received by 2:00pm CST to insure same-day shipping. If another type of carrier is desired, please
indicate the company and an account number that we can bill for this service. All merchandise is shipped freight prepaid and the shipping cost is added to the total cost of your invoice. Oversized packages, special order products, and
shipments made to destinations outside the contiguous United States may incur additional charges.
Del City is pleased to offer free shipping on orders of more than $50. This service applies only to UPS ground shipments
to destinations within the contiguous United States. All qualifying orders must meet the $50 minimum after applying all discounts, Blanket (future) orders and expedited orders. Del City reserves the right to change shipping policies at any time.
Sales Tax:
Applicable sales tax will be added to all items for customers residing in
AL, CA, FL, GA, IL, MD, ME, MN, MO, NC, NV, NY, OH, OK, SD, TN, TX, VT, WA, and WI
that do not have a tax exempt resale certificate issued by the respective state. If you are tax-exempt, please fax a copy of your tax exempt form to 1-800-431-1293 (toll free) or 262-293-7021, or email the form to
[email protected]. (Note: For shipments to Illinois, Del City does not collect tax on freight; however, applicable sales tax on freight charges are paid by Del City to the
state of Illinois.)
Use Tax Notice: Del City is not required to and does not collect sales or use tax in certain states, such as Kentucky. Buyer may be subject to use tax under applicable state law unless the purchase
is exempt from taxation. Refer to complete
Del City Terms & Conditions for additional details.
Tariff Charges:
Per the U.S. Trade Representative Section 301, 25% tariffs are being imposed on specific products manufactured in
China entering into the United States. Unfortunately, there is only so much we can do to mitigate the impact, and we
must regrettably charge our customers a portion of these tariffs in order to provide you our full
selection and the excellent service you have come to expect.
A 12.5% fee is being added onto your
order for only affected items. You can read more about the imposed tariffs,
and view a list of all affected products by
clicking here.
Returns:
Customers desiring to return merchandise must do so within 30 days. The 30 day return policy is for stocked items and does not apply to Whale Heat Air, Hazmat or RELiON items which are non-returnable. Curt, ECCO, Techflex & Rennsteig items will receive a 15% restocking fee. All items not in original packaging are subject to a repack fee. Please note limited quantity/discontinued items, stocking agreements, blanket orders and special orders are non-cancelable and non-returnable. Unauthorized returns may be refused and\or returned freight collect. Authorized Returns must be in their original or equivalent packaging, and, unless otherwise agreed to by Del City in writing, Buyer is responsible for risk of loss and shipping and handling fees for Authorized Returns. The "Return Value" for Authorized Returns shall be the lesser of (i) the prevailing fair market value of such products at the time the RMA is issued or (ii) Buyer's original purchase price for the products, adjusted for bundling and promotional pricing, if applicable. The Return Value shall be paid in the form of a credit to the buyer’s credit card for all credit card customers. All net 30 accounts will receive return credit on their account to be used for future purchases of Products.
A Return Authorization Number is required on all returns. Simply call 1-800-654-4757 to speak to one of our account representatives. Please have your invoice number or order number available when you place your call.
Return Authorization Form
Contact Information:
Our postal address is:
N85 W12545 Westbrook Crossing
Menomonee Falls, Wisconsin, 53051
We can be reached via e-mail at
[email protected] or by telephone at 1-800-654-4757.
+ Display complete Terms & Conditions
TERMS AND CONDITIONS OF SALE
Unless otherwise agreed to by Del City in writing, the following terms and conditions ("Agreement") apply to all purchases of Products. By placing an order for Products, you
accept and agree to be bound to this Agreement. If you have placed an order, but do not wish to be bound to this Agreement, then you must either (i) promptly cancel such order in accordance with the Cancellation Policy (as defined
below), or (ii) return the order in accordance with the Return Policy (as defined below).
DEFINITIONS. "Del City" means Del City, a business unit of Power Products, LLC. "Buyer" or "you" means you and/or
any of your affiliates that place an order for Products. "Products" includes Standard Products and Special Products. "Standard Products" are products (i) that have not been modified especially for a Buyer, and (ii) are available
to the general public for purchase from Del City. "Special Products" are products that (i) are not a Standard Product, (ii) are a custom product or a modification of a Standard Product done at the request of or especially for a
Buyer, or (iii) have been marked or labeled according to a Buyer's specifications.
ORDERS. All orders are subject to acceptance by Del City, which acceptance will be indicated by (i) written confirmation,
(ii) electronic confirmation, or (ii) fulfillment and shipment of such order. Products must be ordered in standard pack quantities where applicable. Del City reserves the right to supply less than the quantity ordered of any
Product, at any time and without notice. All orders shall be deemed to be fully accepted by Buyer unless Del City receives written notification to the contrary within fourteen (14) days of the invoice date of such order.
BLANKET PURCHASE ORDERS. Buyer may place a Purchase Order for a large quantity of goods with releases or delivery dates scheduled over a period of time (“Blanket Purchase Order”) but not later than one (1) year from the date of the Purchase Order (“completion date”). Blanket Purchase Orders accepted by Del City are non-cancelable, non-returnable (“NCNR”). Reschedule of delivery dates may only be changed upon written consent of Del City. Where Del City consents to a change in the release schedule, Buyer shall pay Del City, in Del City’s discretion, all costs incurred by Del City in connection with such change, and Buyer agrees to pay the same. During the term of any Blanket Purchase Order which exceeds 90 days, if the price of fuels, metals, components, raw materials or other production costs increases significantly, Del City shall have the right and Buyer shall have the obligation to renegotiate the price of all goods not yet shipped, and if an agreement is not reached, Del City shall have the right to terminate the Agreement without liability. If Buyer fails to purchase the quantity upon which quantity prices are based by the completion date, Buyer will pay the non-discounted product price in effect at the completion date for the quantity actually purchased and shipped. This shall constitute a breach of the Agreement. As liquidated damages, Buyer will pay all costs incurred by Del City in connection with the goods not delivered to Buyer under the Blanket Purchase Order including, but not limited to, costs for all components and raw materials purchased by Del City to manufacture the goods and all work in process.
PRICES. All orders for Standard Products will be invoiced at the price in effect on the date the order was accepted, and all orders for Special Products will be invoiced at the price in effect at the time of shipment. All
prices are subject to change without notice and are subject to shortages in materials or resources and increases in the cost of manufacturing. Taxes and shipping and handling charges are not included in Product prices. Unless
otherwise agreed to by Del City in writing, all costs, fees and expenses associated with the shipment of Products or the insurance of such products while in transit shall be paid by Buyer, and will be calculated and added to the
order prior to shipment.
TAXES AND FEES. All taxes, assessments, fees, and charges applied or imposed by any government relating to the sale, delivery, shipment or use of Products will be added to the
purchase price of Products and will be paid by Buyer, except to the extent that Buyer provides Del City with an acceptable tax exemption certificate.
Note: For shipments to Illinois, Del City does not collect tax
on freight; however, applicable sales tax on freight charges are paid by Del City to the state of Illinois.
Use Tax Notice: Del City is not required to and does not collect sales or use tax in certain states, such
as Kentucky. Buyer may be subject to use tax under applicable state law unless the purchase is exempt from taxation; however, a purchase may not be exempt merely because it is made over the Internet, by catalog, or by other remote
means. Certain states require their residents to report all purchases of tangible personal property that are not taxed by Del City and pay use tax on such purchases unless exempt under applicable law. Residents of Kentucky and
other states where use tax rules may apply should refer to their state's sales and use tax laws for more information.
DELIVERY. Unless otherwise agreed to by Del City in writing, all orders will be
delivered FOB shipping point. Scheduled shipping dates are estimates, and subject to change without notice. Unless otherwise agreed to by Del City in writing, actual delivery dates are not of the essence. Del City will have no
liability to Buyer or any third party with regard to any delay in delivery, regardless of the reason.
CANCELLATION POLICY. No orders which have been received by Del City may be cancelled or revised by Buyer
except with Del City's prior written consent and upon payment of reasonable cancellation charges compensating Del City for all costs incurred in work done and material purchased. Del City reserves the right (i) to determine what
constitutes reasonable cancellation charges, and (ii) to cancel any order at any time if Buyer becomes insolvent or is in breach of any applicable law or any term of this Agreement. Orders for Special Products are
non-cancellable.
TITLE AND RISK OF LOSS. Title to each order for Products shall pass from Del City to Buyer upon Del City's tender of such order to the initial carrier. Loss or damage that occurs during
shipping shall be Buyer's responsibility. Acceptance of an order from the final carrier constitutes a waiver of any claims against Del City for delay, damage or losses arising from such order.
CREDIT AND
PAYMENTS. Payment terms are net 30 days. Visa, MasterCard, American Express and Discover/Novus payments are accepted. No charges will be made to your credit card until the product has been shipped. All payments must be in
U.S. dollars. Invoices are due and payable within the time period noted on Buyer's invoice, or if not noted, then within thirty (30) days, measured from the date of the invoice. Account credit may be approved for qualified Buyers,
subject to continuing credit approval by Del City. Del City reserves the right to withdraw credit at any time and for any reason. Del City may invoice parts of an order separately or may invoice purchases of Products in one
invoice.
OVERDUE ACCOUNTS. Timely payment for all invoices is of the essence. Del City reserves the right to charge Buyer a late penalty of 1.5% per month applied against undisputed overdue amounts, or the
maximum rate permitted by law. Del City shall have the right to set-off and deduct from any credit balance any sums owed from Del City. If Buyer fails to make payment in accordance with the payment terms specified by Del City, Del
City may, without any liability to Buyer, defer shipments until such payment is made, or may, at its option, cancel all or any part of the unshipped order. Buyer shall be liable to Del City for all collection expenses, including
reasonable attorney's fees and court costs, incurred by Del City in attempting to collect any amounts due from Buyer.
CREDIT BALANCES. Unless otherwise agreed to by Del City in writing, Buyer must use any
credit balances that have been issued by Del City within one (1) year of issuance. IF NOT APPLIED OR REQUESTED WITHIN SUCH PERIOD, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND DEL CITY SHALL HAVE NO FURTHER LIABILITY
WITH RESPECT THERETO.
CORRECTIONS. Del City is not responsible for pricing, typographical, or other errors in any offer, catalog, price list or quotation, and reserves the right to cancel orders arising
from such errors.
SPECIAL PRODUCTS. All drawings, designs or specifications for Special Products must be mutually agreed upon in a written document signed by both parties. Orders for Special Products are
non-cancellable and nonreturnable. If Buyer rejects any delivery of Special Products, in whole or in part, Buyer is still liable for the full purchase price of such order.
RETURN POLICY. Customers desiring to return merchandise must do so within 30 days. The 30 day return policy is for stocked items and does not apply to Whale Heat Air, Hazmat or RELiON items which are non-returnable. Curt, ECCO, Techflex & Rennsteig items will receive a 15% restocking fee. All items not in original packaging are subject to a repack fee. Please note limited quantity/discontinued items, stocking agreements, blanket orders and special orders are non-cancelable and non-returnable. Unauthorized returns may be refused and\or returned freight collect. Authorized Returns must be in their original or equivalent packaging, and, unless otherwise agreed to by Del City in writing, Buyer is responsible for risk of loss and shipping and handling fees for Authorized Returns. The "Return Value" for Authorized Returns shall be the lesser of (i) the prevailing fair market value of such products at the time the RMA is issued or (ii) Buyer's original purchase price for the products, adjusted for bundling and promotional pricing, if applicable. The Return Value shall be paid in the form of a credit to the buyer’s credit card for all credit card customers. All net 30 accounts will receive return credit on their account to be used for future purchases of Products.
DISCONTINUED PRODUCTS. Del City may modify or discontinue Products at any time without prior notice to Buyer. A change in a Product may occur after a Buyer places an order but before Del City ships the Products. As a result, the Products a Buyer
receives might display minor differences from Products requested in a Buyer order. However, modified or substituted Products will meet or exceed all material specifications of the original Products requested in such order. Discontinued
Standard Products are nonreturnable.
LIMITED WARRANTY. Subject to certain exclusions and limitations, Del City warrants that at the time of shipment, all Products will be free of defects in material and
workmanship. This warranty does not cover ordinary wear and tear, abuse, misuse, overloading, alteration or Products which have not been installed, operated or maintained in accordance with their intended use. The applicable
warranty period for all Products is the 30-day period following date of purchase by Buyer, except as expressly covered by a separate written agreement signed by both parties. No warranty will be honored unless an invoice or other
proof of the purchase date is provided to Del City. Warranty claims received after the applicable warranty period will not be honored. When a warranty claim arises, Buyer must contact Del City directly. If the defect comes under
the terms of this limited warranty, Del City will arrange, at its option, one of the following: (i) the Product will be repaired by Del City authorized personnel, (ii) Del City will replace the Product, or (iii) Del City will
refund the applicable portion of the purchase price.
LIMITATION OF LIABILITES. The remedy of repair, replacement or refund is Buyer's exclusive remedy for breach of the foregoing limited warranty. THE
FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEL
CITY BE RESPONSIBLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. Buyer is solely responsible for determining the suitability of Products for Buyer's use or resale, or for incorporating them into articles or using them in
Buyer's application. Buyers who are distributors (i) are authorized to extend the foregoing limited warranty to its original purchasers in connection with sales of Products, provided that such Products shall not have been altered
by such distributor, and (ii) shall be full responsible for any warranties such Buyer makes to its customers, which may be more broad or more extensive than Del City's limited warranty. Del City's total liability for any and all
claims arising out of or in connection with this Agreement in any 12-month period shall not exceed the total amount paid by Buyer during the prior 12 months of this Agreement for the specific Product subject to any warranty claim.
GOVERNMENT CONTRACTS. Products are commercial items as defined in Federal Acquisition Regulation (FAR) 2.101. If Buyer sells Products to any government, or to a government prime contractor or subcontractor,
Buyer shall be solely and exclusively liable for compliance with all government acquisition statutes and regulations. Del City makes no representations, certifications, or warranties whatsoever about compliance with government
acquisition statutes and regulations, including, without limitation, those that may relate to pricing, quality, origin or content, and specifically rejects the flow down of all FAR clauses not required to be included in a
subcontract for commercial items.
LEGAL COMPLIANCE. Buyer agrees to comply with all applicable U.S. and foreign laws, regulations, orders and requirements pertaining to the purchase and sale of Products,
their export from the U.S., and their import into the country of destination. Without limiting the generality of the foregoing, Buyer acknowledges and agrees to comply with (i) all U.S. export licensing laws and regulations, (ii)
all restrictions on the sale or other transfer of Products to prohibited parties, countries or end-users, and (iii) all restrictions on the sale or other transfer of Products for a prohibited end-use. In addition, Buyer
acknowledges and agrees to comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and all other applicable antibribery laws and regulations.
DUTY TO DEFEND. Buyer agrees to defend, hold
harmless and indemnify Del City and reimburse Del City for all claims, taxes, penalties, interest, costs, assessments and expenses that arise as a result of or in connection with any inadequacy or invalidity of any tax exemption
certificate submitted by Buyer or any act, omission or misrepresentation of Buyer or any of its affiliates, employees, agents, contractors, Buyers, or representatives, which gives rise to any breach of this Agreement.
FORCE MAJEURE. Del City shall not be liable in any way for any delay or cancellation in shipment, manufacture or performance due to acts of God, war, riot, insurrection, terrorism, labor difficulties, accident, acts of
civil or regulatory authorities, fires, floods, quarantine restrictions, plant conditions, delays in transportation, shortages of fuel, labor or any other condition beyond Del City's control.
EXCLUSIVE
AGREEMENT. This Agreement constitutes the entire agreement between Buyer and Del City with regard to Buyer's purchase of Products, and supersedes all prior oral and written understandings, communications, or agreements
between the parties. Del City objects to and rejects any additional or different terms or conditions in any form tendered by Buyer, including expressly rejecting any provisions that dictate that Buyer's terms control or any
additional or different provisions in a Buyer's electronic business portal. Del City's failure to object to any provisions or terms from Buyer will not be a waiver or amendment of any of the provisions of this Agreement. If
Buyer's purchase order or other correspondence contains terms or conditions in addition or contrary to this Agreement, Del City's acceptance of Buyer's order shall not be construed as assent to any such additional terms and
conditions and will not constitute a waiver by Del City of any of this Agreement. In the event this Agreement conflicts with any previous agreement or any other purchase documents between the parties, then this Agreement shall
take precedence.
GOVERNING LAW. This Agreement and any claim, dispute, or controversy arising from or relating to this Agreement or Buyer's purchase of any Products shall be governed by the laws of the
State of Wisconsin, without regard to its conflict of laws rules. The parties specifically waive application of the UN Convention on Contracts for the International Sale of Goods. Buyer irrevocably consents to personal
jurisdiction of the state and federal courts in and for Waukesha, County, Wisconsin, and irrevocably waives any claim it may have that any proceedings brought in such courts have been brought in an inconvenient forum.
MISCELLANEOUS. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties. If any provision of this
Agreement should be found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will
not be terminated. No course of dealing between the parties shall amend, modify or supplement any of the provisions hereof. No waiver by Del City of a breach of any term of this Agreement shall be construed as a waiver by Del City
of any other breach of this Agreement. Del City reserves the right to update this Agreement at any time; however, Buyer's rights and obligations shall be as provided in the version of this Agreement provided to Buyer or made
available to Buyer at the time of its purchase of Products. Buyer shall not assign any order or any interest herein without the prior written consent of Del City. Any actual or attempted assignment without Del City's prior written
consent shall entitle Del City to cancel such order upon notice to Buyer. Notices to Del City should be in writing sent by tracked next-day delivery service to: Del City, N85 W12545 Westbrook Crossing, Menomonee Falls, Wisconsin,
53051. All rights, remedies and powers of Del City are cumulative and may be pursued or enforced in any manner or order.
Del City Terms of Sale - Revision Date: 9.13.2016
