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Placing an order constitutes acceptance of the conditions of sale stated herein at the time of sale. Such terms and conditions may be amended or changed from time to time by LINSTAR without notice. References to “LINSTAR”, “we” or “our” hereinafter shall mean LINSTAR and the terms “customer”, “you” and “your” shall mean LINSTAR’s customer, the applicant on this credit application.
CREDIT POLICY
The LINSTAR Credit Policy applies to all sales made within the United States, excluding sales to the federal and state governments.
LINSTAR may extend credit to customers if they meet its threshold criteria for the granting of credit. In situations where a customer’s ability to repay is in question, a personal, corporate, or bank guarantee may be required.
The LINSTAR credit department will review the credit applications of all new customers to determine their worthiness to receive credit, and the amount of that credit. The credit level is set as the credit department, in its sole discretion, determines is appropriate.
The LINSTAR credit department will periodically review the payment history of existing customers to determine whether their existing credit levels are reasonable, or need to be revised. This review shall also be conducted whenever business conditions warrant a general retraction or expansion of credit levels.
If LINSTAR is unable to grant credit to a customer, the customer will have the option to open an account with prepayment terms.
PAYMENT TERMS
Unless otherwise agreed in writing by LINSTAR, products will be invoiced upon shipment. All net terms due dates are calculated from invoice date. Any invoices outstanding for more than thirty (30) days from invoice date may be subject to a late payment fee of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is lower. A $50 fee will be charged for all returned payments. In addition, we reserve the right to require prepayment payment terms from any customer whose account is overdue for a period of more than thirty (30) days or who has an unsatisfactory credit or payment record. We may also refuse to sell to any customer until overdue accounts are paid in full. If you fail to make any payment when due, in addition to all other sums payable hereunder, you agree to pay us the reasonable costs and expenses incurred by us in connection with any actions taken to enforce collection of such unpaid amounts and to protect our rights hereunder, whether by legal proceedings or otherwise, including without limitation, reasonable attorneys’ fees, court costs, and other expenses.
LINSTAR does not accept credit card payments if a credit line has been approved. The only exception is that you agree to pay LINSTAR via credit card at point-of-sale moving forward and pay three percent (3%) convenience fees as allowed by law.
INACTIVE ACCOUNTS
All accounts with no activity for twelve (12) months or greater will be closed. In order to reactivate the account, a new credit application will be required.
TAXES
Customer is responsible for any and all local, state and/or federal taxes or other similar sales or use taxes arising from Customer’s purchase and re-sale. LINSTAR is not responsible for any taxes associated with any sale to Customer or delivery on Customer’s behalf. Customer agrees to indemnify and hold LINSTAR harmless for any and all tax liabilities that may arise from any purchase made from LINSTAR. Customer is responsible for any and all sales tax, including any and all state, Federal, sales, use, or other taxes arising from Customer’s purchase of product, regardless of when tax may be assessed.
ORDERS
A purchase order to LINSTAR, regardless of the method of communication does not signify LINSTAR’s acceptance of your order, nor does it constitute confirmation of LINSTAR’s offer to sell. LINSTAR reserves the right at any time after receipt of your order to accept or decline your order for any reason and without any prior notice. LINSTAR reserves the right to obtain pre-approval with an acceptable method of payment, or require additional verifications or information before accepting any order.
Title and risk of loss for any purchases will pass to you upon shipment. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged separately at the time of shipment.
PRICING
We reserve the right, at any time, to change our prices and billing methods for products sold, effective immediately upon notification to you. LINSTAR shall not price protect any product for any reason unless previously agreed with you prior to LINSTAR accepting the order.
RETURNS
LINSTAR must be notified by you within twenty-four (24) hours after receipt of all damaged products and shortages. You are responsible for the cost of freight and related expenses for any returns. The following products may not be returned:
a) discontinued products, closeouts, special order products and consumables
b) custom products for which LINSTAR has received prior proof approval from customer
c) products not purchased from LINSTAR
d) opened products, products which require re-boxing, or products in an unsuitable resale condition
e) products that have undergone revisions without being assigned a new part number by the manufacturer
All returns must have the complete LINSTAR Return Merchandise Authorization number (RMA#) prominently displayed on your shipping label in order to be received in LINSTAR’s warehouses. If the RMA# is not visible, your shipment may be refused. DO NOT place shipping labels or write RMA#s on the outside of the suppliers’ boxes, since products must be in a resalable condition in order for you to receive credit for the return. You must re-box all returns in appropriate shipping cartons and all original packaging must be returned with the product.
Returns are usually for replacement only. If replacement credit is issued by LINSTAR, the credit will be issued at the original purchase price. All non-defective returns are subject to a twenty-five percent (25%) restocking fee. LINSTAR reserves the right to require you to return the defective products directly to the manufacturer for replacement. LINSTAR does not offer cash refunds on returned merchandise. Customer understands and agrees that LINSTAR has the right to apply any credit balance in customer’s account(s) against any amount owed to it by customer.
LINSTAR will not accept any returns thirty (30) days after sale, regardless of reason.
Please allow one week for return processing.
Contact the LINSTAR Customer Service Department at 888-437-9783 for a Return Merchandise Authorization number. ALL return authorizations expire ten (10) days after issuance by LINSTAR.
SHIPPING AND FREIGHT
LINSTAR will ship orders via United Parcel Service (UPS) standard ground service (or competitive service determined by LINSTAR) unless otherwise requested by Customer. Customer may also select Next Day, 2nd Day, or 3rd Day delivery under certain conditions. LINSTAR is subject to the carrier’s pick-up availability.
Shipments are subject to shipping rates, accessorial surcharges and other fees as applicable. Additional charges could also be assessed that may include fuel surcharges and dimensional/ oversize fees, when required by carriers’ regulations. All such charges as mentioned herein, along with any insurance costs, are calculated and added to the invoice total and are non-refundable.
Should you, LINSTAR’s customer, request your order be shipped to Canada and/or Mexico, LINSTAR is neither responsible nor liable for any taxes, duties, fees, or other charges that may be associated with the processing of such North American Free Trade Agreement shipments. All such charges and requirements are the sole responsibility of the customer. You may receive a separate invoice for these charges from a freight forwarder, shipping company, or other third party.
You or the recipient must inspect orders shipped via truck lines for shipping damage prior to acceptance of the shipment.
LINSTAR will assess each shipment a freight charge that will include the published residential carrier shipping rate for the particular weight, zone and size, along with accessorial surcharges, insurance charges and other fees as applicable. All shipments may be subject to dimensional and oversize freight charges as well as appropriate fuel surcharges. Shipping fees are non-refundable to the Customer.
LINSTAR reserves the right to ship oversized products via truck lines.
REFUSALS
If an order is refused for any reason, LINSTAR will be compensated for all shipping charges, including any C.O.D. fees, as well as a 25% restock fee. Such compensation must be received before any other orders are released for the customer. Damages are the responsibility of the carrier once the shipment is delivered to the carrier. Customers must make damage claims directly to the carrier within 10 days of receipt of the order. All boxes and packaging material are necessary when filing a claim. Contact an LINSTAR customer service representative at 888-437-9783 for assistance. Visible damage claims must be clearly noted on the delivery receipt/bill of lading as proof the damage or tampering occurred prior to delivery. Such damages must be reported within 24 hours, with documented proof otherwise claim and/or credit may be denied. To ensure full credit, original packaging, manuals and shipping boxes must be retained for inspection.
INDEMNITY/LIMITATION OF LIABILITY
You agree to indemnify and hold LINSTAR and its affiliates, and their officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against LINSTAR by any third party due to or arising out of or in connection with your Content or use of the Site in violation of these Terms. In no case shall LINSTAR be responsible to you for any special, indirect, incidental, consequential, exemplary and/or punitive damages arising out of LINSTAR’s performance or non-performance under this Terms of Use and Sale and any sales or non-sale to you arising therefrom; in any case, LINSTAR shall not be responsible for any claims or damages to you that exceed the total invoiced value of LINSTAR’s products to which your claim or damages applies.
JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and LINSTAR will be governed by the laws of the State of Minnesota, without regard to the conflict of laws principles thereof, and that venue with respect to any dispute between you and LINSTAR will rest exclusively in the courts of Hennepin County and the federal district court for Minnesota. You agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms or the Services.
MISCELLANEOUS
These Terms constitute the entire agreement between you and LINSTAR and govern your use of the Services. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The failure of LINSTAR to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms must be filed within one year after such claim or cause of action arose.
LINSTAR DOES NOT ACCEPT ANY TERMS AND CONDITIONS ATTACHED TO A PURCHASE ORDER FOR THE PURCHASE OF SERVICE CONTRACTS, INCLUDING THEIR RENEWALS
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