All sales of the products in this catalog, as well as any other products sold by Neill-LaVielle Supply Company LLC or its divisions and subsidiary (Neill-LaVielle), are made
pursuant to these Terms and Conditions. These Terms and Conditions apply to all sales regardless of the media used to order products, including but not limited to, phone, mail, fax, or electronically. Neill-LaVielle will not be bound by terms and conditions stated in a customer’s purchase order to the extent that the purchase order attempts to vary any of Neill-LaVielle’s terms and conditions. These Terms shall be governed and construed in accordance with the laws of the State of Kentucky, and any action, claim, litigation or dispute resolution process brought to enforce these Terms shall be commenced and adjudicated in the state or federal courts in the Western District of Kentucky. Neill-LaVielle reserves the right to refuse any purchase order.
Credit Terms
To establish a new regular commercial credit account, complete a Neill-LaVielle credit application including trade references. Your application will be processed quickly and
confidentially. All customer account credit limits shall be established entirely at Neill-LaVielle’s discretion and shall be subject to change without notice. Purchases may also be made by prepaying by credit card (see cards accepted below). Unless otherwise agreed upon in writing, standard terms for Neill-LaVielle products are 1%-10 days, net 30 days. Neill-LaVielle Steel products have standard terms of ½%-10 days, net 30 days. Bearings of Kentucky standard terms are 1%-10 days, net 30 days. All payments must be in U.S. dollars. Past due amounts may be subject to a service charge, but in no event higher than permitted by applicable law. In addition to such late payment charges, costs and expenses associated with collection of past due amounts, including reasonable attorney’s fees, shall be added to amounts past due. Neill-LaVielle reserves the right to place accounts on credit hold and/or cancel unfulfilled orders.
Credit Cards Accepted
Prices
Prices are in U.S. dollars. All prices and typographical errors are subject to change without notice. Special pricing may be available for large quantity orders, please contact a customer service representative for a quotation. Quotations are valid for 30 days unless otherwise specified and may be withdrawn at any time before shipment.
Sales Tax
Sales taxes will be charged on products for which a sales tax exemption certification has not been provided or properly completed at the time of the order.
Order Cancellations
Orders for standard stock products may be cancelled at customer’s request prior to shipment. Specially ordered products must be cancelled by us with the manufacturer before final customer cancellation is approved. On specially manufactured products, where manufacturer’s cancellation charges are involved, customer will absorb these charges.
Shipping
All standard stock products will be delivered via UPS, our truck, or by common carrier depending on weight, size, or negotiated special shipping arrangements. Shipping and
handling charges may apply. Non-stock and special products will be shipped either directly to the customer, or to our warehouses, where they will be delivered via one of the
methods as described above. Customer will be billed manufacturer freight charges on non-stock and special product orders in addition to any applicable shipping charges. Neill-LaVielle is not responsible for shipping or delivery delays caused by the carrier, computer interruptions, or acts of God. In no event shall Neill-LaVielle be liable for damages of any kind as a result of delays in delivery. A purchaser’s sole remedy shall be to return products delivered late subject to the returns policy below.
Back Orders
If Neill-LaVielle is unable to immediately fill an entire order, the balance of the shipment will be placed on back order. Products in stock will be sent immediately unless otherwise specified. As all pending back orders will be automatically shipped upon their availability, back order cancellations are subject to the Order Cancellations policy above.
Returns
Returns must be pre-authorized by contacting a customer service representative to obtain a Returned Material Authorization (RMA) within 30 days of original ship date. All returns must be standard stock items, unused and in original unaltered packaging, in good and saleable condition, and must be returned within 30 days of an RMA being issued. RMA numbers should not be marked on product boxes. Instead, please include a copy of the RMA form with the returned shipment and the shipment must be prepaid unless we have erred. Restocking fees are charged as applicable. Returned product and credit are subject to inspection and review. The issuance of the RMA does not constitute a guaranteed credit to customer’s account. Discontinued, special/made to order, and cut to length products are not returnable.
Damages, Shortages and Claims
Should a UPS shipment arrive visibly damaged, REFUSE THE SHIPMENT and call a Neill-LaVielle customer service representative (CSR) to request a replacement. We will
initiate a claim with the carrier and a new order for the damaged product. Should a UPS shipment be received with hidden damage, call a CSR to advise of the damages and we will assist you with your claim and enter a new order for the damaged product if necessary. Keep ALL damaged products, container and packaging until you are advised by your CSR. All hidden damage claims must be reported as soon as possible, but no later than 5 business days of receipt of product. Not following these procedures results in acceptance at customer’s own risk.
Should a truck or motor freight shipment arrive visibly damaged, REFUSE THE SHIPMENT and sign the delivery receipt “Package Received Damaged”, as ALL VISIBLE DAMAGE MUST BE NOTED AT TIME OF RECEIPT. Should a truck or motor freight shipment be received with hidden damage, the carrier must be notified according to their terms, which is normally within 24 hours of delivery. Keep ALL damaged products, container and packaging for the carrier’s inspection. Not following these procedures results in acceptance at customer’s own risk.
For all shipments under a customer’s collect carrier account, the customer must file the claim directly with the carrier.
Product Warranties and Liability
Neill-LaVielle continues to strive to represent the products of the finest manufacturers available. The only warranties applying to products sold are those specifically provided by the manufacturer. As the seller, Neill-LaVielle makes no warranties, expressed or implied, of performance, merchantability, workmanship, fitness, quality, durability, or suitability of the products in any respect including its fitness for the purpose and uses of the buyer/customer, including those instances where changes, alterations, or modifications are made in products at the request or instruction of the customer/buyer which may void all manufacturer warranties. The obligations of Neill-LaVielle are limited to repair or replacement of defective parts as covered by the manufacturer warranty or, at its sole option, to the refund of the purchase price. This warranty is in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. In no event shall Neill-LaVielle be liable for any special, incidental, or consequential damages of any nature. Subject to the Kentucky Products Liability Act (KRS 411.340) Neill-LaVielle shall transfer and/or assign any and all manufacturers’ warranties to end user purchaser, to the extent such warranties are assignable. Neill-LaVielle shall assist purchaser in asserting any warranty claims against the Original Equipment Manufacturer (OEM) where applicable.
Privacy
Neill-LaVielle and its staff value our customers’ privacy. This information is kept secure to protect it from outside parties, and is information used for the limited purpose of
processing customer orders. Information may also be used for statistical purposes, to improve our web site and services, to administer our site, and to notify customers
of products or special offers that may be of interest to them. Customers’ business and personal information will not be sold or shared with third parties.
