DXP Enterprises

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DXP Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN DXP’S INVOICE OR OTHER DXP DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.

Important Information About DXP Terms and Conditions:

These Terms and Conditions constitute a binding contract between Customer and the DXP Entity identified on Customer’s invoice ("DXP") and are referred to herein as the "Agreement". Customer accepts

I.   CONDITIONS
    (a) No terms and conditions contained in any order placed with DXP Enterprises, Inc. other than those stated herein shall be binding on DXP Enterprises, Inc. unless hereafter agreed in writing.
    (b) All orders are subject to acceptance by an officer of DXP Enterprises, Inc.
       
II.   PRICES
      All prices quoted herein will be subject to the prices in effect at time of shipment. All prices are subject to change without notice. DXP is not responsible for typographical errors.
       
III.   TERMS OF PAYMENT
    (a) Net 30 days unless otherwise stated in writing.
    (b) All orders subject to approval of credit. All orders paid in cash should be payable in U.S Dollars.
    (c) The finance charge on Past Due Balances is computed by a periodic rate of 1½% per month (Annual percentage rate of 18%).
    (d) All quotes are for immediate acceptance and expire after 30 days unless otherwise stated in writing.
       
IV.   STANDARD WARRANTY
    (a) DXP will convey to the Purchaser the manufacturer’s warranty that applies to the purchased goods.
    (b) This warranty does not obligate DXP to bear the cost of labor or transportation charges in connection with the replacement or repair of defective parts without approval by an officer of DXP prior to the time repairs are made. The obligation under this warranty may be limited to the repair or replacement of parts F.O.B. its factory provided that upon inspection at such point they shall be determined by DXP to have been defective in material or workmanship.
    (c) If DXP agrees that circumstances require the replacement or repair of defective parts on the jobsite, after a DXP representative has determined that a warranty situation does exist, and that no revisions or alterations have been made to the equipment by others, a DXP representative will implement the required repairs on an eight-hour straight time basis only.
    (d) Statistical information contained in this catalog is derived from tables compiled by the manufacturers and is reprinted by us for your convenience. We do not assume responsibility for the precise accuracy of such information.
    (e) Acceptance of the material from a common carrier constitutes a waiver of any claim against DXP for delay or damages in transit.
    (f) Seller makes no warranty of any kind whatsoever, expressed or implied, unless expressly set forth in writing. No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation, or warranty concerning the goods that we sell beyond that specifically included in writing.
    (g) DXP shall not be responsible for exemplary or consequential damages.
       
V.   SHIPMENT
    (a) Shipment quoted is effective as of proposal date and will be confirmed upon receipt of order, subject to availability of materials and production space. DXP shall not be held responsible for delays due to causes beyond DXP’s control such as strikes, riots, carrier delays, etc.
    (b) All freight charges are billed to purchaser. All merchandise becomes the property of the Purchaser upon delivery to the carrier.
    (c) Delivery terms are F.O.B. shipping point, unless otherwise noted. Unless specific shipping instructions are given, we will use our judgment to determine the most satisfactory routing.
    (d) In the event a package becomes lost or damaged in shipment, please make appropriate notations on your delivery receipt before signing. If the carrier is a truckline, obtain an inspection report immediately. Contact DXP for additional information.
       
VI.   TAXES
      The Purchaser shall pay to DXP, in addition to the purchase price, the amount of all Sales, Use, Privilege, Occupation, Excise, or other taxes, Federal, State, local or foreign which DXP is required to pay in connection with furnishing goods or services to the Purchaser.
       
VII.   INSTALLATION
      Equipment shall be transported, installed and connected at Purchaser’s risk and expense. DXP will furnish a service representative to assist in initial installation and start-up. This service will be invoiced separately at our current published rates plus living and traveling expenses.

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