Terms and Conditions of Sale

The following Terms and Conditions of Sale ("Terms") govern all quotations, order acknowledgments, sales, and deliveries of products and services by Scot's Supply Co. ("Seller") to the purchaser ("Buyer"). By placing an order with Seller, Buyer accepts these Terms in full. These Terms supersede any conflicting terms contained in Buyer's purchase order or other documents.

1. Quotations and Pricing

Quotations are valid for thirty (30) days unless otherwise stated and are subject to change without notice. Prices are based on current costs and may be adjusted to reflect changes by manufacturers or suppliers. All prices are exclusive of applicable taxes and freight unless expressly stated otherwise.

2. Payment Terms

Unless otherwise agreed in writing, payment is due within the terms stated on the invoice. A service charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, will be applied to all past-due balances. Seller may suspend deliveries, require payment in advance or C.O.D., or revoke credit terms if Buyer's account becomes past due. Buyer is responsible for all reasonable costs of collection, including attorney's fees.

3. Taxes

Prices do not include sales, use, excise, or other taxes. Buyer is responsible for all such taxes unless a valid exemption certificate is provided to Seller prior to invoicing.

4. Shipping, Title, and Risk of Loss

Unless otherwise stated, all shipments are F.O.B. Seller's facility in Waterloo, Iowa. Title and risk of loss pass to Buyer upon delivery of the products to the carrier. Delivery dates are estimates only, and Seller is not liable for delays beyond its reasonable control.

5. Inspection and Claims

Buyer must inspect all products promptly upon receipt. Claims for shortages, errors, or visible damage must be made in writing within five (5) days of receipt. No claims for shortages or discrepancies will be honored after five (5) days from the date of receipt. Claims for concealed damage must be reported immediately upon discovery.

6. Returns

Returns require prior authorization from Seller. Authorized returns of stock items may be subject to a restocking charge. Special-order items, cut-to-length products, custom assemblies, and chemical products are not returnable. Returned products must be in original, resalable condition and accompanied by proof of purchase.

7. Warranties

Products are sold subject to the warranties, if any, extended by their respective manufacturers, which are passed through to Buyer to the extent permitted. EXCEPT AS EXPRESSLY STATED, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buyer is responsible for determining the suitability of products for its intended use.

8. Limitation of Liability

Seller's liability for any claim arising out of the sale or use of any product shall not exceed the purchase price of the product giving rise to the claim. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES.

9. Backorders and Availability

Products are offered subject to availability. Seller may fulfill orders in whole or in part and may place unavailable items on backorder.

10. Hazardous Materials and Safety Data Sheets

Certain products may be regulated as hazardous materials. Safety Data Sheets (SDS) are available upon request and, where applicable, are provided with the first shipment of a chemical product. Buyer is responsible for the safe handling, storage, use, and disposal of all products in accordance with applicable law.

11. Force Majeure

Seller shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, labor disputes, supplier delays, transportation interruptions, and governmental actions.

12. Governing Law

These Terms and all sales are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles. The exclusive venue for any dispute shall be the state or federal courts located in Black Hawk County, Iowa.

13. Entire Agreement

These Terms, together with Seller's invoice and order acknowledgment, constitute the entire agreement between the parties and supersede all prior representations. No modification is binding unless agreed to in writing by Seller.

Scot's Supply Co.
814 Ansborough Ave, Waterloo, IA 50701
Phone: (319) 235-9620 • www.ScotsSupply.com