Terms and Conditions of Sale:

  1. All sales by Arrow Terminal ("Seller") are made subject to the following terms and conditions of sale.  Seller objects to any additional or different terms contained in any purchase order or communication previously of hereafter provided by buyer to seller.  No such additional or different terms will be of any force or effect: and buyers placement of any new order for goods to be provided by Seller constitutes buyer's unconditional acceptance of the following terms as the entire agreement between buyer and Seller with the respect to the purchase and sale of such goods.  The following terms and conditions, and any contract for the sale of goods by Seller shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to principles of conflicts of laws.
  2. Prices and minimum order requirements are subject to change without notice, and the price of products on order but unshipped will be adjusted to the price in effect at the time of shipment.
  3. All shipments are made F.O.B. Waukesha Wisconsin, and freight is billed Prepaid and Add.  Our standard Carrier is United Parcel Service Ground, shipment by other carriers are available upon request.
  4. Arrow Terminal LLC reserves the right to over or under ship order quantity of all items to meet our specified order minimums and increments.
  5. No order may be cancelled or altered by the buyer except upon terms and conditions acceptable to Seller, as evidenced by Seller's written consent.  No products ordered may be returned without Seller's written permission, and in compliance with the terms of any such permission.  If a return of a stock item is accepted and return is not because of an error by the Seller, the return is subject to a minimum 20% restocking fee and handling and freight charges will not be refunded.  Returns on purchases made on open account terms are for credit on account only.
  6. Seller reserves the right to correct all clerical errors in any quotation, order acknowledgement or invoice.
  7. All quoted delivery dates and / or periods are approximate.  Delivery periods shall commence when buyer shall have provided complete specifications and/or applicable documents required to effect shipment.  Title and risk of loss or damages in transit shall pass to buyer upon delivery of products to a carrier at Seller's premises.  Seller reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due, without regard to subsequent deliveries.  Delay in delivery of any installment shall not relive the buyer of its obligations to accept remaining deliveries.  Seller shall not be liable for any damages as a result of any delay due to and cause beyond Seller's reasonable control, including but not limited to any act of God, act of buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, shortage, delay in transportation, or delayed delivery by suppliers.  In the event of any such delay, the time for delivery shall be extended for a period equal to the time lost by reason of delay.  Claims for shortages or other errors must be made in writing to Seller within five (5) days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by buyer.
  8. Payment is via credit card (VISA, MasterCard, or American Express) unless previous open credit terms have been arranged.  Open credit terms are subject to agreement made during application between buyer and Seller.
  9. Buyer shall bear the cost of all import duties, manufacturer's tax, retailer's occupation tax, use tax, sales tax, value added tax, excise tax, duty, or charge of any nature whatsoever imposed on or measured by the transaction between Seller and buyer in addition to the prices quoted or invoiced; and in the event Seller is required to pay any such tax, duty, or charge, buyer shall immediately reimburse Seller the amount so paid.
  10. Warranties on products purchased from the Seller may be manufactured by third parties, which may or may not provide a warranty to the purchasers of their products.  Seller agrees, upon request by buyer, to assign to buyer any and all such warranties, without recourse.  Seller shall have no other obligation or liability to buyer, and hereby disclaims, any express or implied warranty of any products, including but not limited to any implied warranty of merchantability or fitness for particular purpose.  Any description of the product, whether in writing or made orally by Seller or Seller's agent, are for the sole purpose of identifying the product and shall not be construed as an express warranty.  Any suggestions by Seller or Seller's agent regarding use, application or suitability of the product shall not be construed as an express warranty unless confirmed to be such in writing by the Seller.
  11. Except as otherwise agreed in writing, Seller's liability with respect to the products sold hereunder shall be limited to the warranty provided above, and, with respect to other performance of this contract, shall be limited to that of the contract price allocable to the product (or part thereof) that gives the claim.  Seller shall not be subject to any disclaims: (1) any other obligations or liabilities arising out of breach of contract, (2) any obligations whatsoever arising from tort claims (including negligence and strict liability) or arising under other theories of law with respect to products sold or services rendered by seller, or any undertakings, acts or omissions relating thereto, and (3) all consequential, incidental and contingent damages whatsoever.  Without limiting the generality of the forgoing, Seller specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, cost of any product recall, loss of use of products or any associated equipment, cost of capital, facilities or services, downtime, shutdown or slowdown costs, or for any other types of economic loss.