This Terms and Conditions of Sale Policy applies to HYSO LLC products purchased directly from HYSO LLC. As all policies herein are subject to change, check our website at www.hyso.com or www.hyscent.com for the latest policy. If you have questions about this policy, contact HYSO LLC.
Effective date: January 1, 2016
1. Scope and definitions
The Terms and Conditions (“Terms”) contained herein shall apply to all quotations and offers made by and purchase orders accepted by HYSO LLC (the “Seller” or “HYSO”) for HYSO products (the “Products”). These Terms apply to all sales made by HYSO except to the extent the Terms conflict with a Sales Agreement signed by HYSO and the respective buyer (the “Buyer”). Any different or additional terms set forth by Buyer, whether in Buyer’s purchase order or another communication, are expressly objected to and will not be binding on HYSO unless agreed to in writing by an authorized officer of HYSO.
Products will be invoiced at prices in effect as of the date HYSO accepts an order from the Buyer and will be invoiced accordingly. Prices are in U.S. Dollars and are subject to change without notice. Any and all invoice errors must be disputed within thirty (30) days of invoice date and are subject to correction by HYSO. Prices exclude any present or future federal, state, provincial, local, or other governmental taxes, duties, and tariffs applicable to the sale, transportation, or use of products purchased, all of which taxes, duties, and tariffs shall be paid by Buyer. International sales are subject to applicable transportation and import duties, licenses, and fees, or as agreed to by the purchase order.
3. Sales and payment terms
All orders are subject to HYSO’s acceptance, in its sole discretion. HYSO reserves the right to reject any order or refuse to ship Products to Buyer for any reason, including, without limitation, Buyer’s failure to pay previous invoices or Buyer’s insolvency or financial difficulties.
Unless otherwise agreed in writing by HYSO, terms are: For U.S. domestic sales:
- Buyer shall make payment within thirty (30) days of the date of each invoice. There shall be a one percent (1%) discount on any invoice if payment is made within 15 (fifteen) days from the date of the invoice (as evidenced by postmark).
For international sales:
- 100% wire transfer prior to shipment.
- Irrevocable letter of credit (referencing invoice number).
Past due accounts will be subject to the maximum legal rate of interest or 1.5% per month, whichever is less. All payments are to be made in US dollars. If a Buyer’s account becomes past due, HYSO may ship products on a cash in advance basis, or may refuse shipments until such account is paid in full. In the event Buyer’s account becomes subject to collection or is collected in whole or in part through suit, arbitration, mediation or other proceeding of any nature, then and in any such case, there shall be added to the unpaid amount (including any interest) all reasonable costs and expenses of collection, including, without limitation, attorney’s fees and disbursements.
4. Acceptable forms of payment
All remittances by Buyer must be in a single payment in the full amount of the invoice (adjusted for any debit memos) and must be in accordance with the following requirements:
Wire or electronic fund transfer (referencing invoice number) and Buyer must be the originator of wire.
Buyer company check (drawn on company account with company name).
Irrevocable letter of credit (referencing invoice number).
Credit card payments will not be accepted without prior approval from HYSO.
5. Minimum Advertised Pricing
The Minimum Advertised Price (MAP) for any HYSO and HYscent products shall not be less than the current Manufacturer’s Suggested Retail Price (MSRP) as published on the HYSO or HYscent price list. MAP pricing is established by HYSO and may be adjusted by HYSO at is sole discretion.
6. Security Interest
Buyer hereby grants HYSO a security interest in any Products sold to the extent of the invoiced amount. If Buyer defaults under any obligation to Seller hereunder, Buyer agrees to make such Products available so that HYSO can repossess them without a breach of the peace. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement. Upon HYSO’S request, Buyer will execute and delivery any documents and/or take such other actions as HYSO may reasonably request to perfect HYSO’s security interest in such Products.
Shipments. Unless otherwise agreed in writing by HYSO, terms are:
For U.S. Domestic Sales:
- All shipments are FOB Seller’s place of business. HYSO shall pre-pay freight (and charge Buyer) for orders of Products totaling less than $2,500; HYSO shall pay ground freight for orders of Products totaling in excess of $2,500 for deliveries made within the contiguous 48 states (Alaska and Hawaii excluded). SPLIT SHIPMENTS DO NOT QUALIFY.
- Claims regarding missing merchandise beyond 5 business days of receipt will not be accepted.
- Requests for returns must be placed within 48 hours of receipt of the purchase order. A 20% restocking fee will be charged for any returns beyond the 48 hours of receipt.
For International Sales:
- Shipments are Ex Works (per INCOTERMS 2010).
- Effective January 1, 2016 all International customers will need to review the sales order confirmation and confirm acceptance within 72 hours (3 business days). Changes made to the purchase order beyond the 72 hours will delay the order from completion a minimum of 7 business days. Shipment quotes provided by HYSO will need to be approved within 5 business days from the date of receipt. Failure to follow these regulations will cause delays in processing.
Any shipping dates are HYSO’s best estimates for informational purposes only.