Site Terms & Conditions Prowinch, LLC
GENERAL This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof ("Purchaser") will purchase and PROWINCH, LLC. ("PROWINCH") will sell goods and/or services (hereinafter called "Products"), including those described on the front page of this SALES CONTRACT. All pictures shown are for illustration purpose only. Actual product may vary. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to PROWINCH, or the inconsistency of any terms therein and herein.
CANCELLATION Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, PROWINCH and with full compensation to PROWINCH for any loss sustained by reason of any cancellation or delay.
PRICE unless otherwise noted, all prices set forth of this SALES CONTRACT are F.O.B. PROWINCH facilities. Prices are subject to change without prior notice. All prices are exclusive of any and all taxes, including, but not limited to, excise, sales, use, property, transportation and/or occupational taxes and such other taxes related to the sale or use of the Products, now or hereafter imposed, together with all penalties and expenses. Purchaser shall be responsible for collecting and/or paying any and all such taxes, whether or not they are stated in any invoice for the products. Purchaser shall indemnify and hold PROWINCH free and harmless from and against the imposition and payment of such taxes. PROWINCH, at its option, may at any time separately bill Purchaser for any taxes not included in PROWINCH'S invoice and Purchaser shall pay said taxes, or in lieu thereof, shall provide PROWINCH with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses relating to the shipment of the products from the F.O.B. point, PROWINCH'S site, to Purchaser's facility; and (b) any special packaging for the products required by Purchaser. In the event PROWINCH shall make arrangements for inland transportation, all costs and expenses relating to such inland transportation shall be for the account of Purchaser and shall be paid by Purchaser to PROWINCH upon presentation of PROWINCH'S invoice therefore. In the event Purchaser shall require any special packaging for shipment of the products, the cost for such special packaging shall be invoiced separately to and paid by Purchaser. In the event delivery of the products, or any part thereof, is delayed due to the fault of the purchaser, any and all additional costs and expenses incurred by PROWINCH resulting from such delay in delivery, including those relating to storage, shall be chargeable to and paid by Purchaser.
DELIVERY to a public carrier at the applicable PROWINCH'S facilities, consigned as Purchaser directs, shall constitute transfer of the shipment's title, ownership, possession, and property to Purchaser at point of such delivery. Carrier will thereafter be deemed as acting for Purchaser and the shipment will be at Purchaser's risk. IMPORTANT NOTICE TO PURCHASER: Do not accept any package(s) or item(s) until you have thoroughly checked and inspected their contents. You have the right to inspect the item(s) while the shipping company waits for your approval. If you find the item(s) to be damaged or incomplete, clearly note it on the bill of lading, refuse the package(s) or item(s) and return to shipper, and contact us immediately. By accepting the package(s) or item(s), you accept full responsibility of their condition. Any Damages or missing parts occurred during shipping will then become your full responsibility. Damaged or incomplete items will not be covered under any warranty and are non-refundable. We guarantee all of our items to work and be free from manufacturer's defects. Defective items must be reported within 5 days after arrival and returned within 14 days of receipt for a replacement or full refund free of charge.
Non-defective items may be returned in original condition within 30 days of receipt for a refund of the purchase price of the item(s) less shipping. Buyer is responsible for return shipping costs. A 20% restocking fee applies.
Additional LTL Freight Shipment Information
To ensure that you are receiving what you ordered, and in acceptable condition, the National Claims Council Regulations specify that you must inspect, examine, and inventory your shipment as it is unloaded. Freight shipments cannot be just left at the delivery location, therefore making and keeping your delivery appointment is highly important.
On arrival, inspect the shipment immediately for obvious signs of damage
Any and all shortages and damages must be written on the Bill Of Lading or Freight Bill. Should you determine that any items are damaged or missing, you MUST note the item, the discrepancy, and the condition before you sign it! Then call the freight company to report any problems.
You should open cartons and containers
If there is the slightest doubt that the merchandise is damaged (concealed or not) it must be noted on the Bill Of Lading or Freight Bill, or the liability to prove that the delivering carrier did the damage becomes your responsibility.
Do not be intimidated by the driver
They cannot leave until the Bill Of Lading or Freight Bill is signed (regardless of how much in a hurry they are or how late they are). The carrier's driver should help you receive your shipment and answer your questions. While your driver is there, compare the pieces of freight you are receiving to your carrier's freight bill. When you've determined that the condition and quantity of your freight is acceptable, you can then sign the delivery receipt. The driver will provide you with a copy, taking the signed copy with them (as a delivery receipt). If one is not offered, request one, as is your right. The Bill Of Lading or Freight Bill is the only documentation of the condition of a shipment when it arrives at your location, and without this document, we cannot hold others accountable for items damaged or missing.
Your signature on the delivering carrier's freight Bill Of Lading (BOL) constitutes acceptance of the merchandise as is and in good order. If you do not inspect before signing you are, for all practical purposes, waiving the right to collect on a damage claim even if the damage is discovered later (known as concealed damage).
If there is discovered damage: if the box, crate, or merchandise is visibly damaged, refuse the delivery and contact us immediately to request a Return Authorization number so the merchandise can be shipped back to its origin at no charge. Please also notify us of the situation as quickly as possible so we can follow-up on our end to assist with any required procedures.
If there is concealed damage: although we strongly recommend inspecting the shipment prior to signing the delivery receipt, some still do not do so. If the consignee or their representative sign for the shipment, and then at a later time discover that there is some damage not noticed at delivery (called "concealed damage"), then a claim will need to be filed by the consignee against the freight company – as a shipment is technically the property of the consignee once it is loaded onto a freight truck, it is the consignees responsibility to pursue a damage claim for replacement or compensation.
In the event of concealed damage, it is vital that you immediately document and photograph (if possible) the packaging and the damage. You must keep the packaging. Do not move the item, but call the carrier and report the damage. They will begin a concealed damage claim and ask for an inspection. You must also notify us so that we are aware of the situation and can be of assistance if required. The inspector will determine if the damage was possibly carrier caused.
Please note: If the consignee has signed for the shipment indicating there was no damage noted at time of receipt, the consignee would then have to take up their claim with the freight carrier if concealed damage becomes apparent after receipt. Many people order products in advance of need, and wait until it is to be installed to finally check the condition of the product (sometimes weeks or even months have passed); in these situations, it is the consignee's sole responsibility to contact the freight carrier and pursue a claim.
It is the responsibility of the person that signs for received items to inspect and note any and all problems before the delivery person leaves. All our sales are in FOB (Free On Board) terms, this means that once the carrier picks up the material from the factory/supplier, the factory/supplier is no longer responsible for the material.
If you have someone signing the freight bill for you, for whatever reason, they are acting as your representative; you should inform them that they should check for missing or damaged items. If the freight is signed for without notating damaged or missing pieces, it is almost impossible to get the freight companies to take responsibility.
We realize this can be a time consuming process, but much of the hassle can be eliminated with prompt, well-documented action with the carrier.
We cannot be held responsible for freight damage or missing pieces; we will help you deal with the freight company, but you must call the freight inspector and you must file the claim. Ultimately, it is the Freight Company's responsibility to deliver the shipment in good condition, and it is the consignee's responsibility to inspect and sign for the products and notate any missing or damaged pieces.
Please note: Recent changes have been made to the National Motor Freight Classification (NMFC) rules regarding concealed damage notifications. As of Saturday, April 18, 2015 the National Motor Freight Traffic Association (NMFTA) has reduced the time shippers are allowed to report concealed damage to the carrier from 15 days to 5 days. This applies to all LTL shipments. This means that if you fail to report concealed damage within 5 days, it will result in your inability to file a freight claim with the carrier.
LIMITED PRODUCT WARRANTY: PROWINCH, LLC. warrants all new machines against defects in material and workmanship for a limited period from the date of purchase stated in the invoice. Refer to the warranty information posted in the product description page, or contact us for the applicable limited product warranty period of a particular item. If your product is covered the Company will repair or replace at no cost F.O.B Miami, Florida, any part proving defective in materials or workmanship.
