TERMS AND POLICIES
1. MINIMUM ORDER FOR DELIVERY
A minimum order for delivery from our warehouse shall have a value of at least $100.00 of items listed in our catalog and shall be delivered via our truck within our designated delivery area. A $5.00 fuel surcharge will be applied to all M.J. Earl delivered orders. For deliveries outside our designated delivery area, orders will be shipped via UPS or common carrier and freight charges will be added to your invoice.
Due to fluctuations in the marketplace, prices and terms set forth herein are subject to change without notice. Please contact your Sales Representative or Customer Service Representative for current pricing.
No merchandise may be returned without our written authorization. Where the return is not the result of our shipping error, the return shall be subject to a 20% restocking charge. No return can be accepted of merchandise purchased more than 30 days prior to the date of request to return. No return can be accepted of merchandise not listed in our catalog; that is, non-stock merchandise brought in to your specifications. Merchandise must be returned in good saleable condition in unopened, original, complete case quantities. No merchandise will be accepted for return whose shelf life has expired. All merchandise returned must have been purchased from M.J. Earl.
4. BACK ORDERS
Products not shipped by us due to out-of-stock or insufficient inventory, will automatically be back ordered. If you would like products not to be back ordered, please specify this to your Sales Representative or Customer Service Representative. Back ordered items, upon arrival at our warehouse, will be shipped out to you the next time we are in your designated delivery area.
5. GENERAL TERMS
M.J. Earl makes no warranties (including warranties as to merchantability or fitness) either expressed or implied with respect to the products shipped. Buyers shall be limited to the warranties of the respective manufacturers of the products supplied by M.J. Earl to the buyers and all others are expressly disclaimed.
Buyer’s sole remedy, whether in contract, in tort, under any warranty, in negligence, or otherwise shall not exceed the return of the amount of the purchase price paid by the buyer and under no circumstances shall M.J. Earl be liable for special, indirect or consequential damages.
Buyer agrees that any claim for defective merchandise not made within thirty (30) days of delivery of merchandise to the Buyer shall be deemed waived. If requested by M.J. Earl, defective merchandise shall be made available to M.J. Earl to pick-up at Buyer’s site. Any such requests by M.J. Earl, shall be made within five (5) days of receipt of notification by Buyer of its receipt of defective goods.
Buyer agrees that any claim for shorted or damaged merchandise must be made at the time of delivery and should be duly noted on the Delivery Ticket.
M.J. Earl shall not be liable for damages resulting from failure to make or delay in making delivery because of fire, flood, strikes, riots, transport equipment shortage or breakdown, Acts of God, or any circumstances or other unavoidable cause beyond M.J. Earl’s control except for its own gross negligence.