Acceptance QBC LLC's acceptance of a purchase order is expressly conditional on the buyer’s acceptance of the following terms and conditions of sale, which override any additional or differing terms found in any other document related to the buyer’s order. Buyer’s acceptance of any goods or payment for the goods constitutes agreement to these terms. Modifications or alterations to these terms must be made in writing and signed by an authorized executive of QBC LLC.
Payment Terms Payment is due 30 days from the invoice date. A 2% discount is offered if paid within 10 days. Payments not made within 30 days are subject to a late payment charge of 1.5% per month on the unpaid balance or the highest lawful interest rate, whichever is lower.
Quoted Purchase Price and Taxes The quoted price may increase if costs rise due to legislative changes, labor, or raw materials. In addition to the quoted price, the buyer is responsible for any excise, levy, or tax, except sales tax for products delivered within Wisconsin. Buyers are responsible for remitting sales and use tax for products delivered outside of Wisconsin.
Warranty QBC LLC warrants that the goods will conform to the product description. This is the only warranty provided. All other warranties, including implied warranties of merchantability and fitness for a particular purpose, are disclaimed. The buyer’s sole remedy is replacement of defective goods, provided they are returned prepaid to QBC LLC’s warehouse at 4160 Anderson Road, DeForest, Wisconsin, 53532 within 30 days of delivery. Failure to give notice of a claim within 30 days constitutes a waiver of all claims.
Limitation of Liability QBC LLC’s liability, whether in contract, tort, negligence, or otherwise, shall not exceed the purchase price paid by the buyer. QBC LLC is not liable for special, indirect, or consequential damages. No claim may be brought more than one year after the date of purchase. QBC LLC is not responsible for penalties, indemnification, or expenses related to the goods.
Claims Claims for shortages or delivery errors must be made within five days of delivery. Goods sold by weight are subject to standard industry quantity variations.
Special Orders Goods marked as "Special Order" are procured specifically for the buyer. For special orders, the buyer must pre-pay 30% of the purchase price. Special order items are non-cancellable unless otherwise agreed in writing.
Returns No goods may be returned or rejected without prior written consent from QBC LLC. For special order items, the buyer may be required to cover additional costs incurred by QBC LLC in excess of the initial deposit.
Shipment Delivery terms are FOB from QBC LLC’s warehouse at 4160 Anderson Road, DeForest, Wisconsin, 53532 for standard orders. Buyer assumes all risk of loss upon delivery to the carrier. Delivery dates are estimates and not guaranteed. QBC LLC is not liable for delays caused by circumstances beyond its control, including but not limited to acts of God, labor strikes, or material shortages.
Security Interest QBC LLC retains a purchase money security interest in goods not fully paid for, and may file financing statements to secure this interest.
Cancellation Purchase orders may only be canceled with QBC LLC’s written consent. For special order items, the buyer may be required to pay any additional costs incurred by QBC LLC up to the cancellation date.
Indemnification The buyer agrees to indemnify QBC LLC against any claims, liabilities, or costs arising from the buyer’s use of the goods.
Governing Law These terms are governed by the laws of the State of Wisconsin. The parties consent to the exclusive jurisdiction of the Dane County Circuit Court in Madison, Wisconsin for any disputes.
Default In the event of default, QBC LLC may cancel outstanding orders and demand immediate payment. The buyer will be liable for any legal fees or expenses incurred by QBC LLC in exercising its rights.
Delay If the buyer requests deferred delivery, they are still obligated to pay for the goods as per the original schedule, including any applicable storage fees