Terms and Conditions of Sale
The Voto Manufacturers Sales Company
All offers of sale, sales, quotations, orders, and agreements, other than rental or lease agreements are expressly made conditional on the assent by the buyer to the following terms and conditions of The Voto Manufacturers Sales Company (Seller):
1. Prices: All prices, unless otherwise specified, are subject to change without notice. All orders shall be adjusted to the Seller's prices in effect at the time of shipment. If transportation charges from shipping point to destination are included in Seller's delivered prices, any changes in such transportation charges shall be for the Buyer's account.
2. Delivery Terms and Risk of Loss: Except as otherwise stated in Seller's quotation/order, delivery terms shall be Free on Board (F.O.B.) point of shipment. Unless otherwise stated in Seller's quotation/order, Seller shall not be responsible for switching, spotting, handling, storage, demurrage, or any other transportation or related service, nor for any charges incurred therefore, unless such charges are included in the applicable tariff freight rate from shipping point to destination. Delivery to carrier shall constitute delivery to Buyer and thereafter the shipment shall be at the Buyer's risk. Claims for loss or damage to products in transit should be made to the carrier and not to the Seller.
3. Credit Approval: All shipments, deliveries, and performance of services shall be subject to the approval of Seller's credit personnel and Seller may at any time, withhold shipments until accounts are brought into terms satisfactory to the credit personnel. If the Buyer fails to make payments to the Seller in accordance with the terms hereof, the Seller may at its option, cancel all undelivered parts of any order by notice to the Buyer. In the event of any cancellation of order by either party, the Buyer shall pay to the Seller all reasonable costs and expenses incurred by the Seller prior to the receipt of such cancellation.
4. Terms of Payment: Unless otherwise provided in writing, full payment is due 30 days after date of invoice. All shipment and invoice discrepancies must be reported to Seller within 10 days of invoice date. A service charge of 1.5% will be added at the end of each month against all items that are over 30 days old.
The terms of payment being an essential part of this agreement, failure on the part of the Buyer to comply with the above terms shall give Voto the right, at its option, to cancel any unfilled part of this or any other order on contract for the sale of goods between the parties hereto, or to suspend shipments until the arrearages have been made good, or to set-off against the debt owed to Voto any monies owed to Buyer by Voto or monies collected by Voto for goods sold on behalf of the Buyer up to the amount Buyer owes Voto. These remedies are cumulative and not a limitation on any remedies for breach of contract which Voto may have under the laws of the State of Ohio.
5. Collection Fees: If Buyer should fail to make timely payment or otherwise breach any provision of these terms and conditions of the contract resulting from this quotation/order, Buyer shall reimburse Seller for all legal fees incurred by Seller in enforcement of these terms and conditions of the contract.
6. Non-conforming goods: Rejection of non-conforming products must be made by Buyer in writing within 10 days of receipt, and all defects ascertainable at the time of giving notice shall be stated specifically or considered waived. A claim that products are non-conforming shall not entitle the Buyer to deduct any sum from any invoice unless such claim has been allowed in writing. Invoices shall be paid in full in accordance with the terms of sale, and in the event of subsequent allowance of any claim, Seller shall, at its option, promptly pay to Buyer or credit Buyer's account the amount so allowed.
7. Returned Goods: Under no circumstances will Seller accept the return of product without Seller's written permission. Non-stock items are non-returnable. Proof of purchase must be established on all returned items. Seller reserves the right to establish a minimum dollar return and is not required to accept the return of merchandise purchased beyond thirty days, based on the original invoice date. A minimum 15% restocking charge, plus in-bound and out-bound freight charges, will apply to all returned merchandise. This restocking charge may be increased at the option of the Seller.
8. Limitation on Warranties: Neither the Seller nor the Manufacturer shall be liable for any injury, loss, or damage, direct or consequential, arising out of the use or inability to use any item sold by Seller, but our only obligation in lieu of all warranties expressed or implied is to replace any item proved to be defective. Before using, the user must determine the suitability of the product for its intended use, and the user assumes all risk in connection therewith. Neither the Seller nor the Manufacturer know or have reason to know the use to which the user will put the product. There are no express warranties or implied warranties of merchantability or fitness for a particular purpose that extend beyond the description on the face hereof.
9. Applicable Laws: All laws and regulations required to be incorporated in agreements of this character are incorporated herein by this reference. Seller certifies that to the best of its knowledge these products were produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor under section 14 thereof. All orders, sales and these terms and conditions shall be governed by and construed according to the laws of the State of Ohio.
About Us 