Farmer Boy Ag, Inc.
TERMS AND CONDITIONS OF SALE
Acceptance/Contract Formation - These terms and conditions shall apply to any contract of sale of products sold by Farmer Boy Ag, Inc. (“Seller”) irrespective of whether Seller’s accompanying documentation constitutes an offer to Buyer or an acceptance of Buyer’s prior offer to Seller. Offers or acceptances by Buyer may be communicated orally, delivered in person or by telephone or in writing, delivered by regular mail, hand delivery, overnight courier, facsimile or electronic mail. Additional or conflicting terms from those in these terms and conditions in an offer or acceptance by Buyer are expressly objected to and shall not be deemed accepted by Seller unless Seller’s acceptance thereof is in writing and specifically refers to each such additional or conflicting term.
Shipping Information’: Most orders are shipped via ground carrier. Large items are shipped by motor freight.*ORDER BY 2PM EST (excluding weekends and holidays) & RECEIVE SAME DAY SHIPPING! *Ground shipping items only. On Items that require Motor Freight pick-up and delivery, please order by 12PM EST to ensure same day shipping on orders placed Monday thru Friday. Customer information must be valid. Parts must be in stock.
Delivery/Force Majeure - Seller shall not be responsible for any prohibition, failure, interruption or delay in manufacture or delivery which may be caused by sabotage, fire, flood, explosion, labor dispute, strike, work stoppage, riot, insurrection, war, act of, or priorities granted by request of or for the benefit, directly or indirectly, of any governmental body, authority or agency, shortage of raw materials or supplies, act of God, insufficient capacity, or other cause beyond Seller’s control. In the event of any such prohibition, failure, interruption or delay, Seller may, at its option, extend the delivery time or cancel the order, in whole or in part.
Cancellation/Change Order Requests - An order cannot be modified or canceled by Buyer without the written consent of Seller and in no event shall any order be modified or canceled for any portion thereof already processed, manufactured, or in process of manufacture, at the time the request for modification or cancellation is received by Seller, except upon terms, satisfactory to Seller, which protect and indemnify Seller against all loss.
Warranties. As to Seller’s products, Seller warrants to the original buyer for twelve (12) months after the date of original purchase that the product(s) are in conformity with applicable specifications, subject to standard manufacturing tolerances, variations and practices. As to Seller’s products, Seller warrants to the original purchaser for twelve (12) months after the date
of original purchase that the product(s) will be free of any defect in materials or workmanship and will replace free of charge any part of the product that fails because of such defect. This warranty is non-transferable and unassignable by buyer and does not include damage to the product(s) resulting from accident, misuse, improper installation or operation, or unauthorized repair or alteration. Buyer’s sole remedy for any products purchased from Seller are expressly provided herein. Seller in no event shall be liable for business interruption, loss of time, inconvenience, loss of revenue, loss of livestock or poultry, any loss due to alarms or control devices, or any other incidental or consequential damages arising out of the use of or inability to use the product for any purpose whatsoever. In no event shall seller be liable for any amount that exceeds, in the aggregate, the amount of the total purchase price paid by buyer. As to third party products, Seller makes no warranties and hereby assigns, without recourse, the applicable manufacturer’s standard warranties to buyer. Buyer shall defend, indemnify and hold the Seller harmless from any claim or loss occasioned by any third party products purchased from Seller. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING ANY WARRANTY
OF MARKETABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Samples supplied by Seller are solely for the purpose of Buyer’s evaluation of the suitability of Seller’s products for potential use and, as such, the samples are not intended to serve as warranties of any type, either express or implied. Buyer shall have sole responsibility for selection and specification of the goods appropriate for the end use of such goods, even if Buyer has informed Seller of the end use for such goods. Buyer acknowledges that it alone has determined that the products purchased hereunder will suitably meet the requirements of their intended use.
No representations or warranty, express or implied, made by any sales representative or other agent or representative of Seller which is not specifically set forth in these terms and conditions shall be binding upon Seller.
Claims. Buyer agrees to notify Seller within thirty (30) days of discovery of defective products. No claim shall be allowed by any party other than the Buyer. Any claim for breach of an express warranty that is not made within the time frames set forth herein shall be deemed to have been waived. Unless otherwise agreed to in writing by Seller, Buyer shall set aside, protect, and hold such products without further processing until Seller has an opportunity to inspect and advise of the disposition, if any, to be made of such products. In no event shall any products be returned, reworked, or scrapped by Buyer without the written authorization of Seller.
Buyer is responsible for and shall maintain and use equipment pursuant to the manufacturer’s recommendations. No products will be covered for damage caused by purchaser’s neglect of maintenance or use, nor due to electrical surges or in storms or other acts of nature.
Remedies/ Limitations of Liability. Seller will, as Buyer’s sole and exclusive remedy, and at Seller’s option, replace or, without replacement, render credit for any product sold to Buyer which, if properly selected, stored, processed and used by the Buyer shall prove defective within one (1) year from the date of shipment. Warranty does not include any labor of any kind, direct or indirect.
Seller shall not, under any circumstances including, but not limited to, delay in delivery, breach of contract, breach of warranty, negligence, tort, strict liability, or use of products sold by Seller, be liable to Buyer or any other party for any special, incidental, indirect or consequential damages. In no event shall Seller’s liability for defective product sold to Buyer exceed the purchase price thereof.
Shortage: All shortage claims must be placed within thirty (30) days of receipt of original shipment or order.
Damages: Damages or freight claims must be placed with the carrier. Be certain to inspect all shipment for shortages and damages prior to signing for the shipment.
Return Policy: Please call toll free (800) 845-3374 to notify us of any returnable items. Items must be returned within thirty (30) days of purchase and accompanied with information from the original invoice or packing slip. Items must be returned in its original packing, clean and sellable condition. Special custom orders may be subject to a restocking fee or not be refundable. Customer is responsible for all return shipping costs via insured carrier, unless Seller has made an error in shipping or an item arrives defective. In the event of a shipment error or a defective item, Seller will be responsible for the cost of ground shipping only, and only for returns made within 30 days of the Purchase date. Please contact Seller if your defective merchandise is less than $10.00 in total value; returning the merchandise may not be necessary. To obtain a return label please CLICK HERE.
Payment Terms - Unless otherwise specifically stated on a document of sale furnished by Seller or agreed to in writing and signed by Seller, for approved credit accounts the terms of payment for each order without set off shall be net cash (U.S. Dollars) in thirty (30) days from date of invoice; otherwise payment shall be due prior to shipment. Restrictive endorsements on Buyer’s checks will not reduce Buyer’s obligations to Seller. The unpaid portion of any amounts due to Seller shall bear interest at the rate of 1.5% per month, or the maximum legal rate, if less.
Convenient Ordering & Payment Options: We accept Mastercard, Visa, Discover, checks, money orders, check by phone, wire transfers and purchases on credit (for approved credit accounts).
California Proposition 65 Warning: Certain products sold by Farmer Boy Ag, Inc. may expose you to chemicals which are know to the state of California to cause cancer, birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov
Governing Law/Jurisdiction - These terms and conditions and sales documentation of Seller accompanying them shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without application of the conflict of law principles thereof. Any legal action relating to any controversy or claim arising out of, or relating to these terms and conditions shall be brought in Lebanon County, Pennsylvania. The Courts of said County shall be the sole forum for resolving and disputes and Buyer hereby submits to the jurisdiction of the Courts of said County.
* Please Remember, due to size and weight restrictions some items shown will be delivered unassembled.
Farmer Boy Ag is not responsible for typographical errors. Prices, product designs & specifications are subject to change without notice.