TERMS AND CONDITIONS OF SALE
Orders
All customer orders must be placed in writing by completion of a work order including all relevant information. All products manufactured by BPM Fabrications, LLC (“BPM”) are custom fabricated and BPM reserves the right to reject any order after review of the work order and documentation from the customer. BPM will promptly notify the customer if any order is rejected.
New Customers
All accounts are shipped only on Credit Card or Cash in Advance terms until credit is established. Credit may be applied for by completing our credit application, including supplying three trade references and information about your business bank account. Credit must be approved before work can begin on any job unless such job is paid for in advance as stated above. Whether credit terms are granted or continued and the amount of credit extended is at the sole discretion of BPM. Visa, MasterCard and American Express credit cards are accepted.
Invoicing Disputes
Any dispute in invoice price must be reported to BPM within thirty (30) days of the invoice date.
Payment Terms
Payment terms on all accounts approved for credit are Net Thirty (30) Days from date of shipment.
Finance Charges
Past due accounts are subject to 1 1/2% per month finance charge (Annual Percentage Rate of 18%). A $40.00 fee will be applied to each returned check.
Past Due Accounts
Customers with past due invoices may have their accounts placed on shipping hold and no new jobs will be accepted until all late amounts are paid in full. All invoices over thirty (30) days late will be placed for collection. Companies will be held liable for any and all reasonable costs associated with the collection of any past due amounts due from them including but not limited to attorney fees, court costs and collection agency fees. Repeated late payments will result in the revoking of credit terms and result in the account being placed on payment in advance terms.
Shipping
Products ship F.O.B. Asheville, North Carolina. Shipments are sent via UPS Ground service unless otherwise requested in writing by the customer. All shipping costs are added to each invoice. BPM is not liable for any delays in delivery by the common carrier. All products are deemed accepted by the customer upon delivery at the named point of destination.
Shipping Insurance
UPS covers items for a maximum value of $100 for loss or damage. Additional insurance is recommended and will be arranged only upon the written request of the customer and at their expense. BPM is not responsible for lost or damaged products.
Damaged Merchandise
All orders should be opened and inspected promptly upon receipt. Contact BPM immediately to report any damage. If the packaging is damaged in any way upon receipt, the damage must be reported to the common carrier upon receipt of the goods. All claims for loss or damage during shipment must be made by the customer directly with the common carrier.
Limited Warranty
BPM manufactures products from customer supplied patient casts. As part of our service, we offer modification of these casts. BPM offers NO warranty for fit of the product nor for patient outcome with the product. BPM offers a LIMITED WARRANTY on all of our custom products to the original customer that said products are free of defects in material and workmanship for a period of ninety (90) days beginning from the date of shipment if the products are used as intended and have had no post-manufacturing modifications. Please call BPM first to discuss any potential warranty issues. In the event of a requested warranty adjustment, the original fabricated product must be returned to BPM for evaluation to determine eligibility for warranty adjustment. Upon customer request, BPM will provide a return UPS Ground shipping label and if the product is determined to be covered by warranty then BPM will pay for the return shipping charges plus charges for reshipment. Any other return shipping service must be arranged for by the customer and is at the customer's expense. Items not returned for evaluation will be rejected for warranty adjustment. Evaluation for warranty adjustment is based solely upon whether the product was manufactured to the original information and instructions detailed on the original customer work order. If a product is determined to be eligible for warranty adjustment, BPM’s sole obligation under this LIMITED WARRANTY shall be to modify or replace the product at BPM’s sole discretion. No warranty adjustments are available to customers with past due balances.
EXCEPT TO THE EXTENT PROHIBITED OR OTHERWISE REQUIRED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY BPM FABRICATIONS, LLC. IN NO EVENT SHALL BPM FABRICATIONS, LLC’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF BPM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL THE TOTAL LIABILITY OF BPM UNDER ANY THEORY OF LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THE PRECEDING LIMITATIONS ON LIABILITY ARE A FAIR COMPROMISE AND WAIVE ANY RIGHT TO LATER CHALLENGE THEM AS UNREASONABLE, UNCONSCIONABLE OR OTHERWISE.
Governing Law
All of these Terms and Conditions of Sale shall be construed and enforced in accordance with the federal laws of the United States of America and the laws of the State of North Carolina, without regard to or application of conflict of law principles. If any legal action, proceeding or other dispute arises relating to the sale by BPM of any product, the customer by accepting receipt of said product accepts the courts of the State of North Carolina as the proper jurisdiction to settle such actions, proceedings or disputes.
Changes
Prices and these Terms and Conditions of Sale are subject to change effective upon written notice to customer.
Last updated: 05/01/2018