Terms, Conditions and Obligations of Sale
Terms of Payment
Each invoice must be paid in full prior to shipment. Acceptable forms of payment are Visa, MasterCard, American Express, Discover, cash, certified check, bank draft, bank wire transfer, money order, personal check or business check payable to The Butler Corporation. All payments must be in United States currency. Orders will be shipped, following 10 business days for check clearing, when payment is made by personal or company check. The Butler Corporation will not process orders for C.O.D. shipment.
Sales and Use Tax Information
The following is an interpretation of the Commonwealth of Massachusetts tax obligations for you (the purchaser) and The Butler Corporation. Sales, use and other taxes and all fees and charges levied in connection with the purchase of GOODS (Parts and Supplies) and their use during ownership, is the sole responsibility and obligation of you (the purchaser). You agree to hold The Butler Corporation harmless in the event of a tax liability being imposed as a result of these transactions. You agree to be responsible for completing such tax payment(s) either in your state of residence or in the Commonwealth of Massachusetts if it is determined at any time that the tax or use requirements have NOT BEEN satisfied regarding your purchase(s). All prices are net F.O.B. Ludlow, Massachusetts. Prices do not include shipping and handling, special packaging, insurance or any other costs associated with shipping.
Goods (Parts and Supplies) for Delivery Outside the Commonwealth of Massachusetts
Any purchaser who enters into this agreement with The Butler Corporation to purchase goods and said goods are to be delivered outside the Commonwealth of Massachusetts, the sale of said goods is exempt from Massachusetts sales tax. You (the purchaser), by acceptance of said goods warrants that said goods are not to be used, re-used or re-sold in the Commonwealth of Massachusetts.
Goods (Parts and Supplies) for Delivery and/or Possession Within the Commonwealth of Massachusetts
The Butler Corporation is obligated to collect Massachusetts sales tax if you (the purchaser) enter into this agreement with The Butler Corporation to purchase goods and the delivery and/or possession of said goods is within the Commonwealth of Massachusetts, whether or not for redelivery or use outside of the Commonwealth of Massachusetts.
Parts Provided by the Butler Corporation
Parts provided by The Butler Corporation are to be installed by qualified persons who possess the knowledge, skill, tools, hardware and/or equipment to perform the installation. The Butler Corporation, its agents, representatives and assigns accept no liability whatsoever for the improper installation, improper use or the improper application of parts that have been provided by The Butler Corporation. Parts provided by The Butler Corporation are intended as replacement parts only. These parts are intended solely for use in the original Butler System that was purchased from The Butler Corporation. Parts provided by The Butler Corporation are not intended to create, supplement or repair any other machine. The Butler Corporation assumes no responsibility for damage or injury of any kind, due to the misuse or improper application of any part, in any way, by any person and all risks must be borne, solely, by the user.
Warranty for Replacement Parts
Replacement parts supplied by The Butler Corporation are provided with a limited 90-day warranty or the balance of an applicable Butler System warranty, whichever is greater.
The Butler Corporation’s “Return Form” must accompany all returned items to insure prompt and accurate processing. The “Return Form” and return label provided in your package(s) are to include your company name, address, telephone number, reason for return and all other pertinent information. The Butler Corporation is not responsible for damages due to packaging. Insure and return your package to The Butler Corporation prepaid via any carrier. No C.O.D. returns will be accepted.
All non-defective item(s) for return or exchange must be returned to The Butler Corporation within 30 days of shipment of the replacement item(s) to be eligible for credit. No credit will be issued for item(s) that have been used or damaged. Customer is responsible for the payment of shipping and handling charges.
A replacement for a defective item(s) will be shipped at our current selling price. A credit will be issued if the defective item(s) is returned to The Butler Corporation within 30 days of shipment and if the failure of the item(s) was due to a defect in material and/or workmanship. Credit will also be given for ground shipping and handling charges in the first 12 months of warranty coverage for a new Butler System. Item(s) returned after 30 days will be credited less 25%, returned after 60 days will be credited less 50% and item(s) returned after 90 days will be credited less 75%. There will be no credit issued for warranty item(s) returned after 120 days.
Important: All parts from the Butler System are affixed with a tamper proof Butler System identification label. This label is designed with tamper evident features. Do not attempt to remove the label. Returned part(s) are required to have this label intact. No credit will be issued if the label is non-existent, destroyed or appears to have been tampered with.
Commencement of Agreement
It is understood that the terms, conditions and obligations of this purchase and sale agreement commence when any one of the following occur: receipt of a verbal order, payment for parts and/or supplies or acceptance of parts and/or supplies.
The terms, conditions and obligations contained in any and all of The Butler Corporation’s printed materials are incorporated hereof by reference and constitute the entire and exclusive purchase and sale agreement between you (the purchaser) and The Butler Corporation. No additional terms, conditions or obligations will be binding on The Butler Corporation unless written into this agreement by the principal officer of The Butler Corporation. All transactions and disputes shall be governed and resolved under the jurisdiction of the Commonwealth of Massachusetts and its courts.
The Butler Corporation shall not be responsible for delays in delivery or failure to deliver due to causes beyond our control, including, but not limited to: earthquakes, lightning storms, floods or other acts of nature, war mobilization, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, acts of the purchaser, its agents or employees, strikes, lock-outs, work stoppages or other labor difficulties, shortages of or inability to obtain shipping space or transportation, partial or entire failure of our or our vendor’s production facilities, inability to secure supplies at current prices, shortages of raw materials, incoming delivery delays, etc. The Butler Corporation shall not be liable for inclusions, omissions, calculations, misunderstandings and/or exclusions, etc. in this agreement and reserves the right to change, amend, delete or modify such inclusions, omissions, calculations, misunderstandings and/or exclusions, etc. without incurring any obligation, expense and/or liability. The Butler Corporation also reserves the right to change, amend and/or modify descriptions, deletions, specifications and errors, etc. without incurring any obligation, expense and/or liability. The Butler Corporation’s maximum liability if a product fails to perform or is defective shall not exceed the original purchase price of the product, regardless of the legal theory asserted.