Unless other terms are specified in Austin Hose's Quotation or Invoice, the following Terms and Conditions of Sale ("Terms") will govern the offer and sale of all Goods and Services provided by Austin Hose ("Austin") to Buyer. Any terms and conditions added by Buyer that may be contained in any purchase order of the Buyer to Austin will be without force and effect, unless agreed to, in writing, by Austin. In the absence of a written purchase order from Buyer, an acceptance of any Goods covered by Buyers order shall constitute acceptance of these terms and conditions herein. 

1.1

These General Terms and Conditions of Sale ("GTCS") apply to all sales of Goods and Services by Austin and shall be deemed accepted by Austin and the Buyer unless expressly modified in writing and signed by both parties.

2.1

Payment is due upon receipt of Goods and Services for Cash and COD accounts. Buyers with an established line of credit with Austin are subject to terms of I% I 0, Net 30, unless otherwise stated on the invoice at the time of sale. If credit is granted, any continued or future extension of credit is within the sole discretion of Austin.

2.2

All payments are payable to Austin and can be mailed to P.O. Box 9533, Amarillo, TX 79105-9533. Credit card payments are accepted by phone at 800-692-1394 or through our website. When making a payment by credit card, no discounts will be allowed.

2.3

Finance charges may be applied on all amounts not paid within 90 days from the date of receipt of product and shall bear interest at the rate of 1 ½% per month, not to exceed the lesser of eighteen percent (18.0%) or the maximum rate of interest as allowed by law. 

2.4

Returned checks will incur a charge of $25.00 to cover banking fees and administrative costs. Austin will re-deposit a check one-time with the approval of the Buyer after which only cash or credit card will be allowed as form of payment from the Buyer. 

2.5

THE SALE OF GOODS AND SERVICES WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. BUYER CONSENTS TO THE JURISDICTION OF THE STATE COURTS OF THE STATE OF TEXAS, WITH EXCLUSIVE VENUE BEING IN RANDALL COUNTY, TEXAS. BUYER SHALL BE LIABLE FOR REASONABLE AND NECESSARY COLLECTION COSTS, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND EXPENSES, IN ANY ACTION, ARBITRATION, MEDIATION OR LITIGATION NECESSARY TO COLLECT AMOUNTS DUE TO AUSTIN OR TO ENFORCE THE TERMS AND CONDITIONS HEREUNDER. 

3.1

Buyer is responsible for all shipping costs and any applicable surcharges. Title and risk of loss pass to Buyer upon delivery of the goods to the preferred carrier. No claims for shortages will be allowed unless Austin is notified within IO days of receipt of goods by the Buyer. All claims for Goods damaged or lost in transit, must be made to the carrier as Austin has no responsibility therefore. 

3.2

We reserve the right to make partial shipments

4.1

Buyer cannot return Goods without obtaining a return material authorization ("RMA") number. RMA's will be issued, at the discretion of Austin. Goods being returned must be in new and unused condition. Goods must be in original packaging and all accessories included. 

4.2

Goods eligible for exchange, credit or refund must be returned to Austin with an RMA number within 45 days from the date of invoice. Goods eligible for an exchange or credit with a I 0% restocking fee, must have an RMA number and be returned within 6 months from the date of invoice. 

4.3

Special orders and non-stock items are non-returnable and non-refundable. 

4.4

Buyer is responsible for all shipping costs on returns.

4.5

All returns over $500.00 are subject to approval.

4.6

Hose assemblies and cut hose lengths are not returnable. Labor and shipping charges are non-returnable. 

5.1

The only warranty on the Goods is the warranty offered by the Manufacturer. This is the sole warranty. The Manufacturer warranty shall not apply to any goods which have been repaired or altered by the Buyer, or any Goods subjected to misuse, negligence or accident or have been used in a manner contrary to the instructions and or recommendations by the Manufacturer or Maker. 

5.2

AUSTIN HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS BECOME ANY BASIS OF THIS BARGAIN. FURTHER, AUSTIN HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE. 

5.3

AUSTIN DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS SOLD BY THIS AGREEMENT. AUSTIN DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER WITH RESPECT TO THE GOODS BEING SOLD UNDER THIS AGREEMENT. AUSTIN DISCLAIMS ANY IMPLIED WARRANTIES WITH RESPECT TO THE GOODS. 

6.1

Austin will not be liable for any loss, damage, cost of repairs, incidental or consequential damage of any kind, whether based upon warranty, contract or negligence, arising in connection with the sale, use or repair of the Goods.

6.2

Neither Austin or Buyer will be entitled to, and neither Austin or the Buyer shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation cost, re-procurement costs, loss of data, injury to reputation or loss of customers.