Terms & Conditions
Limitation of Liability:
REGARDLESS OF THE FORM OF ACTION, ACCO’S LIABILITY RELATING TO THE PRODUCT OR THE MANUFACTURE, SHIPPING, SALE OR USE OF THE PRODUCT SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CAUSE OF ACTION. ACCO, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, DOWNTIME, FAILURE TO DETECT ANY FLAW IN ANY SUBJECT MATTER OF ANY TEST, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DELAY IN PERFORMANCE, OR LOST OPPORTUNITIES. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE IN CONNECTION WITH THE SUPPLY OR SUBSEQUENT USE OR POSSIBILITY OF SUCH DAMAGES, ACCO, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PROPERTY DAMAGE AND/OR THIRD-PARTY CLAIMS COVERED BY INSURANCE PROVIDED TO BUYER, ITS ASSIGNS, AND EACH SUCCESSOR IN INTEREST TO THE PRODUCT.
ACCEPTANCE OF ORDER:
- Buyer’s order is acknowledged as an acceptance of Seller’s proposal and the general conditions stated in that proposal are the controlling terms of the contract created by said order and any terms or conditions stated in the Buyers order which are different from or additional to those stated in said proposal are hereby rejected.
- If Buyer’s order takes exception to the Seller’s proposal, it is accepted by the Seller on condition that the terms of the contract created by this acceptance are those contained herein and any terms or conditions stated in said order which are different from or additional to those stated herein are hereby rejected, and Buyer’s failure to notify Seller of objection to the terms stated herein in writing within 10 days of the date hereof shall be deemed an acceptance thereof.
- All orders are received subject to Federal regulations and/or Government priorities.
Pricing and Payment:
- ERRORS AND CHANGES IN CONTENT AND PRICING
Mistakes contained within this website (i.e., descriptions, typographical, pricing and photos) are purely accidental. We genuinely appreciate your feedback and help in reducing such errors in order to provide the easiest, most enjoyable shopping experience possible.
All prices are as current as possible. However, all prices are subject to change without notice. If a substantial price increase occurs regarding your order, we will notify you as part of the order confirmation process.
ACCO makes reasonable efforts to include accurate and up-to-date information on our website. ACCO makes no warranties or representations as to its accuracy. ACCO assumes no liability or responsibility for any errors or omissions in the content of this website.
Proposals to amend the detailed specifications may be offered by either party, in writing which shall set forth in detail the particular specifications involved, the changes to be made therein, and the effect, if any, of such changes on price, design, performance, weight, and time of shipment. No modification of this Agreement shall be binding upon the parties hereto, or either of them, unless such modification shall be in writing accepted by a duly authorized agent of the Seller and approved at Seller’s general offices. The Seller may, without Buyer’s consent, make such changes in design or material as it deems appropriate in order to correct defects or improve the goods, provided that such changes shall not adversely affect price, time of shipment, functional character or performance of any goods to be purchased hereunder. This contract is based on the drawings and specifications as enumerated in the original proposal. Should there be any changes in either the drawings or the specifications at the behest of the Buyer, the price and the delivery date shall be adjusted accordingly.
The Seller shall not be liable for delays in the performance of this Agreement due to causes beyond Seller’s control including strikes or labor or material shortages, and not occasioned by its fault or negligence, if such delays are caused by Buyer either directly or indirectly, Buyer shall reimburse Seller for any additional expenses resulting from such delay.
Any prices that include freight allowance are based upon the lowest actual station-to-station freight rate in effect on the date of the quotation and are subject to increase or reduction to the extent of any change in freight rate which may become effective before shipment is made. Choice of carrier is at Seller’s discretion unless otherwise specified. Unloading and transportation for equipment from delivering carrier to location of erection shall be provided by Buyer.
AII shipping dates will be calculated from the date of acceptance of the order and/or final approval by the Buyer of any necessary blueprints, sketches, specifications, or information required for the identification and production of the order. Any shipping or delivery date stated herein is an estimate which Seller shall attempt to meet; however, in no event will Seller be responsible for any loss or damage due to a failure to make a shipment in accordance with the promises. It is agreed between the parties hereto that any such failure shall not constitute a breach of this Agreement.
If Buyer does not accept conforming goods delivered pursuant to this Agreement within a reasonable time after Seller tenders’ delivery, Buyer shall be responsible and shall reimburse Seller for all reshipping, storage, restocking charges, and warehousing costs, whether such costs are the result of storage by an independent party or by seller.
- For Accolift equipment, any order over 399 lbs. ships free except when shipping stock Wire Rope Hoists.
- Rapid Ship Program
Our Rapid Ship program pertains to the time it will ship from our locations. Delivery times will vary.
Orders are not subject to cancellation except upon written consent of the Seller and payment to the Seller of a sum to be set by the Seller which fairly compensates it for its damages, including but not limited to materials, labor and engineering, plus a reasonable percentage of profit for work completed on the order.
Returns are accepted on a case by case basis. No returns will be accepted without prior communication with ACCO. Additional charges may apply.
The Seller warrants to the original-using Buyer thereof that the goods sold under this Agreement are free from defects in workmanship and materials for a period of two years from the date of shipment to the original-using Buyer. No other express warranties are given and no affirmation of Seller or Seller’s agents, by word or action shall constitute a warranty. No warranty is made for components and accessories made by others when such items are warranted by their respective manufacturers.
Installation or operation of the equipment in any manner other than as recommended by Seller, shall void the warranty.
Any variations in details between the goods furnished herein and those covered in Buyer’s specifications are due to standards of manufacture not to be construed as exceptions to the specifications.
DISCLAIMER OF IMPLIED WARRANTIES:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO THE GOODS SOLD UNDER THIS AGREEMENT.
(b) This sale is made WITHOUT ANY WARRANTY BY SELLER THAT THE GOODS ARE SUITABLE FOR ANY PARTICULAR PURPOSE.
(c) Buyer hereby waives all other warranties, guarantees, obligations, liabilities, rights and remedies arising by law or otherwise including any obligation or liability of the Seller arising from tort, and Buyer shall indemnify Seller from any liability, loss, damage, or claim arising from Buyer’s tortious use of the goods sold hereby.
Please see the following document for the full details of our warranty: ACCO STANDARD WARRANTY POLICY
- Under no conditions shall any goods be returned to Seller without its prior written consent.
- The Buyer’s sole and exclusive remedy for breach of any warranty is limited to Seller furnishing at its expense duplicate or repaired parts F.O.B. Seller’s plant with installation at Buyer’s expense if discovery of a claimed defect occurs during the allowable warranty period, and if Seller’s inspection determines a defect exists.
- The quantity of material shown by invoice shall in all cases govern settlement for shortages, unless notice of shortage, appropriately documented, is given to the carrier and the Seller upon delivery by the carrier.
- Claims for errors, deficiencies or imperfections shall be deemed waived by the Buyer unless Seller is notified in writing of the basis of such claims within 30 days after discovery of claimed defect and such discovery occurs within the warranted period.
- Neither Buyer nor user shall be entitled under this Agreement to recover from Seller any incidental or consequential damages of any nature including but not limited to the cost of any labor expended by others in connection with the goods sold hereby by reason of any alleged nonconformity or breach of warranty on the part of the Seller, nor costs of material or account thereof, nor any lost profits whether determinable or speculative.
INSPECTION & TESTS:
Buyer shall have the right to inspect the goods at Seller’s plant upon request and subject to reasonable charges. Such inspection shall be final. Testing shall be at discretion of Seller unless otherwise quoted.
ACCEPTANCE OF GOODS:
The goods sold hereunder shall be deemed accepted by the Buyer when it:
(a) notifies Seller of acceptance in writing, or
(b) takes possession and control, and uses the goods for its benefit, or
(c) fails to notify Seller of its rejection within 30 days after it takes possession and control of the goods, or
(d) does any act inconsistent with Seller’s ownership, but if such act is wrongful as against the Seller, it is an acceptance only if ratified by the Seller.
Once Buyer has accepted the goods, Buyer shall have no right to revoke its acceptance.
Seller hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
DRAWINGS AND MANUALS:
All drawings previously furnished are approximate and submitted only to show general arrangement and approximate dimensions of the goods offered.
Two copies of certified outline standard prints and Maintenance Manuals will be furnished upon request to the Buyer without charge. Additional copies are available at a charge to be quoted upon request. Detail drawings will not be furnished.
PAINTING AND LUBRICATION:
The goods unless quoted otherwise will be painted in accordance with the Seller’s standard practice and no field painting will be done without express written agreement. Buyer shall be responsible for checking all lubrication prior to use.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Whenever a term defined by the Uniform Commercial Code is used in this Agreement, the definition contained in the Code is to control.
CONFLICT WITH PROPOSAL TERMS:
In the event any provision of these terms and conditions should conflict with the terms and conditions in the Seller’s proposal documents, the terms and conditions of the proposal document shall control.
Net 30 days with approval of Seller’s’ credit department, unless otherwise agreed. If Buyer requests a delay in shipment of material, the total price shall be due and payable 30 days after the beginning of such delay.
ACCO shall not be liable for any failures or delays due to acts beyond ACCO’s reasonable control, including, without limitation, acts of God, war (declared or undeclared), embargoes, labor disputes, strikes, fires, floods, earthquakes, accidents, terrorist acts, government mandates, restrictions, or other actions, equipment failure, shortages or inability to obtain components or subcontracted work or raw materials, damage by the elements, transportation difficulties, production delays or unusually severe weather conditions.
Confidential Information: (ACCO’s materials and technology is confidential)
(a) All information and proprietary materials provided or developed in whole or in part by ACCO are confidential (“Confidential Information”), whether or not identified as such. Buyer shall hold all Confidential Information in confidence and shall disclose it only to its employees who have a need to know, and shall not use it to the detriment of ACCO. Buyer shall not, and shall not attempt to, analyze, disassemble, or reverse engineer any ACCO Product. “Confidential Information” does not include information which: (i) is or becomes available to the public generally (other than as a result of a disclosure by the Buyer in violation of these Terms and Conditions); (ii) is subject to public disclosure under any federal, state or local law, ordinance or regulation; (iii) becomes available to Buyer on a non-confidential basis from a source other than ACCO, its affiliates, and their officers and directors, employees, agents or representatives, or any other person bound by a confidentiality agreement with or has contractual, legal or fiduciary obligation of confidentiality to ACCO, its affiliates, their officers and directors, employees, agents or representatives; (iv) was known by or was available to Buyer prior to or at the time ACCO disclosed it.
(b) Nothing in these Terms and Conditions shall be deemed to grant a license directly or by implication, estoppel, or otherwise under any patent, patent application or other intellectual property related to any Confidential Information disclosed or developed pursuant to these Terms and Conditions. These Terms and Conditions shall not be construed as a teaming, joint venture, partnership, or other such arrangement; rather, the parties hereto expressly agree that these Terms and Conditions are for the purposes of protecting ACCO’s Confidential Information and intellectual property and defining the ownership of, and use rights in, intellectual property and technical information.
Governing Law and Jurisdiction:
These Terms and Conditions shall be construed under the laws of the Commonwealth of Pennsylvania without reference to conflicts of law principles. The parties hereby agree that disputes hereunder shall be subject to the exclusive jurisdiction and venue of the courts of York County, Pennsylvania. The parties hereby waive any right to jury trial. The Buyer waives any objections based on personal or subject matter jurisdiction or venue.
If any provision of these Terms and Conditions or any order subject to these Terms and Conditions are found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent such provision is prohibited or unenforceable and shall not invalidate the balance of such provision or the other provisions of these Terms and Conditions or any order subject to these Terms and Conditions.