Sales Terms

Terms of Sale

I. Hardisprayer.com Standard Terms and Conditions

  • Sales Policy
  • Freight Policy
  • Warranty Policy
  • Product Information
  • General Terms
  • II. Additional Terms related to Export

Hardisprayer.com a.k.a RAJ & Associates, LLC here in after shall be referred to as (Hardisprayer.com)

A. Sales Policy

1. Prices

Prices listed are list, do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions. Customer should contact the local Hardisprayer.com branch or check online at www.Hardisprayer.com for current pricing. Export orders may be subject to other special pricing. Hardisprayer.com reserves the right to accept or reject any order.

2. Sales Tax

Customers are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer shall indicate which products are tax exempt.

3. Payment and Credit Terms

Hardisprayer.com accepts Visa and MasterCard. For customers with established Hardisprayer.com credit, payment terms are net thirty (30) days from the date of shipment or pick-up. All credit extended by Hardisprayer.com to customer, and the limits of such credit, is at Hardisprayer.com's sole discretion, and may be reduced or revoked by Hardisprayer.com at any time, for any reason. Hardisprayer.com reserves the right to charge a convenience fee for late payments. Hardisprayer.com further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions. All payments must be made in U.S. dollars. Hardisprayer.com shall have the right of set-off and deduction for any sums owed by customer to Hardisprayer.com.
If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Hardisprayer.com's credit terms, or fails to supply adequate assurance of full performance to Hardisprayer.com within a reasonable time after requested by Hardisprayer.com (such time as specified in Hardisprayer.com's request), Hardisprayer.com may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys' fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer's subsidiaries and affiliates purchasing from Hardisprayer.com will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

4. Security Interest

Customer hereby grants to Hardisprayer.com a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Hardisprayer.com. Customer agrees to file, or permit Hardisprayer.com to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Hardisprayer.com's lien or security interest.

5. Credit Balance

Customer agrees that any credit balance(s) issued by Hardisprayer.com will be applied to customer's account within one (1) year of its issuance. IF CUSTOMER HAS NOT REQUESTED THE CREDIT BALANCE WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE WILL BE CANCELLED, AND HARDISPRAYER.COM SHALL HAVE NO FURTHER LIABILITY.

 

B. Freight Policy

Prices stated are F.O.B. origin, freight prepaid to destination specified in the order. Hardisprayer.com charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on customer's invoice. Receipts for shipping and handling charges will not be furnished. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.

 

 C. Warranty Policy

1. LIMITED WARRANTY

ALL PRODUCTS SOLD ARE WARRANTED BY HARDI-US. HARDI-US WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE ON ALL SERIAL NUMBERED MACHINES FOR A PERIOD OF TWO (2) YEARS AFTER THE DATE OF PURCHASE FROM HARDISPRAYER.COM AND ONE (1) YEAR AFTER DATE OF PURCHASE FROM HARDISPRAYER.COM ON ALL SERVICE PARTS. UNLESS OTHERWISE STATED. PROVIDED THAT HARDI-US ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, HARDI-US MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO THE APPROPRIATE HARDISPRAYER.COM BRANCH OR AUTHORIZED SERVICE LOCATION, AS DESIGNATED BY HARDISPRAYER.COM, SHIPPING COSTS PREPAID. HARDISPRAYER.COM'S REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY.

2. WARRANTY DISCLAIMER

A. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE, IS MADE OR AUTHORIZED BY HARDISPRAYER.COM. HARDISPRAYER.COM DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. HARDISPRAYER.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS: (i) ARE MERCHANTABLE; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER'S INTELLECTUAL PROPERTY RIGHTS.
B. HARDISPRAYER.COM MAKES NO WARRANTIES TO THOSE DEFINED AS CONSUMERS IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT.

3. LIMITATION OF LIABILITY

HARDISPRAYER.COM EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. HARDISPRAYER.COM'S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

4. Warranty Product Return

Before returning any product, customer shall: (i) write or call the local Hardisprayer.com branch from which the product was purchased; (ii) in the case of an internet order, contact www.Hardisprayer.com.com and provide the date, the original invoice number, the stock number, and a description of the defect; or (iii) call Customer Care at (877) 902-9417, and provide the date, the original invoice number, the stock number, and a description of the defect. Proof of purchase is required in all cases.

5. Manufacturer's Warranty

For information on a specific manufacturer's warranty, please contact the local Hardisprayer.com branch or call Customer Care at (877) 902-9417.

6. Product Compliance and Suitability

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Hardisprayer.com does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Hardisprayer.com accept responsibility for construction, installation and/or use of a product. It is customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

7. Cross-Reference Information

Product cross-reference comparisons do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer's intended use.

 

D. Product Information

1. Catalog/Website Information

Hardisprayer.com reserves the right to update publishing errors in its catalogs or any of its websites. Product depictions in the catalog or websites are for illustrative purposes only. Possession of, or access to, any Hardisprayer.com catalog, literature or websites does not constitute the right to purchase products.

2. Product Substitution

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

 

E. General Terms

1. Electronic Data Interchange

If Hardisprayer.com and customer mutually agree to use an Electronic Data Interchange ("EDI") system to facilitate purchase and sale transactions, customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Hardisprayer.com and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Hardisprayer.com regarding EDI purchases made by customer shall be deemed to be conclusive.

2. Third Party Payment Provider

If customer elects to use a third party payment system provider ("Third Party Provider") and Hardisprayer.com is charged fees by the Third Party Provider, Hardisprayer.com reserves the right to seek reimbursement from customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.

3. Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Hardisprayer.com, or any trademarks or service marks owned by suppliers to Hardisprayer.com. All materials contained on the www.Hardisprayer.com.com website are subject to the ownership rights of Hardisprayer.com and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Hardisprayer.com or its suppliers without Hardisprayer.com's permission.

4. Hardisprayer.com's Performance of Services

In conjunction with customer's purchase of product, Hardisprayer.com may perform certain services for customer on customer premises such as delivering, ordering, performing inventory management, or putting-away product (collectively, the "Services"). Customer will hold harmless and indemnify Hardisprayer.com, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by Hardisprayer.com related to the performance of Services for customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of customer, its employees, agents, subcontractors or representatives.

5. Independent Contractors

Hardisprayer.com and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate Hardisprayer.com in any manner, nor will customer represent to anyone that it has the right to do so.

6. Sourced Product

Hardisprayer.com may procure product not available through the Hardisprayer.com catalog or available on www.Hardisprayer.com.com for a customer from other sources ("Sourced Product(s)"). Sourced Product is priced according to current market conditions on a per order basis, and is shipped F.O.B. origin with freight and handling fee paid by Hardisprayer.com and charged to customer. Any charges for Other Freight Services are paid by customer. A returned goods authorization must be issued by Hardisprayer.com prior to returning any Sourced Product. A restocking fee of 20% may apply for any returned Sourced Product. HARDISPRAYER.COM'S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER'S SOLE REMEDY.

7. Custom Product

Customer may order custom products ("Custom Product(s)") created to customer's specifications. Hardisprayer.com is not responsible for verifying or confirming the accuracy of specifications provided by customer to Hardisprayer.com for Custom Products. HARDISPRAYER.COM'S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER'S SOLE REMEDY. All Custom Products are sold on a "FINAL SALE" basis only, and no cancellations, returns, refunds or credits are allowed.

8. Cancellations/Non-Warranty Returns

a) Backpack Sprayers / Repair Parts & Pumps

All product order cancellations/ non-warranty returns must be approved by Hardisprayer.com, and may be subject to a 20% restocking fees and other charges.

b) Mounted HARDI® Sprayer System

Any HARDI® mounted sprayer system that is canceled thirty (30) working days prior to the start of final machine production will be subject to a $550.00 Cancelation Fee.

9. Pre-Season Order Change Policy

No mounted sprayer family (COMMANDER, NAVIGATOR, RANGER) changes will be allowed on pre-season orders.

Any change in attachments or accessories need to be made fifteen (15) working days prior to the start of final machine production and will be subject to the order change policy.

10. Order Change Policy

Any order that is changed fifteen (15) working days prior to the start of final machine production will be subject to a $275.00 Change Fee

11. Product Return

Product returns must be made within thirty (30) days from date of purchase, unless otherwise indicated. Customer should call the local Hardisprayer.com branch, or go to www.Hardisprayer.com.com, for instructions. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Proof of purchase is required in all cases.

12. Materials of Trade

Customer represents that if it is purchasing products as its "materials of trade," as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of its business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by itself.

13. Force Majeure

Hardisprayer.com shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Hardisprayer.com in the conduct of its business.

14. Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of Hardisprayer.com. Any actual or attempted assignment without Hardisprayer.com's prior written consent shall entitle Hardisprayer.com to cancel such order upon notice to customer.

15. No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

16. Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Florida, excluding its conflict of law rules, and venue shall either be in the state courts in Citrus County, Florida or the federal courts for the Middle District of Florida.

17. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

18. Modification of Terms

Hardisprayer.com's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from customer's receipt of Hardisprayer.com's acknowledgment, or from customer's acceptance of all or any part of the products ordered. No additions or modifications of Hardisprayer.com's terms and conditions by customer shall be binding upon Hardisprayer.com, unless agreed to in writing by an authorized representative of Hardisprayer.com. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Hardisprayer.com's acknowledgment, Hardisprayer.com's fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Hardisprayer.com of any of the terms and conditions contained herein or in Hardisprayer.com's acknowledgment.

19. Complete Agreement

The terms and conditions in: (i) Hardisprayer.com's forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Hardisprayer.com.

 

II. Additional Terms and Conditions Related to Export of Hardisprayer.com Products

IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF HARDISPRAYER.COM PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF HARDISPRAYER.COM PRODUCTS ("ADDITIONAL TERMS"). IN THE EVENT OF A CONFLICT BETWEEN HARDISPRAYER.COM'S STANDARD TERMS AND CONDITIONS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL PREVAIL FOR EXPORT SALES OF HARDISPRAYER.COM PRODUCTS.

1. Order Acceptance

Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Hardisprayer.com, or any of its U.S. affiliates and divisions, at a continental U.S. facility or at any of its websites. Customer further consents that submission of its order shall subject customer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.

2. Sales Tax and Duties, Import Fees

Hardisprayer.com is required to charge federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, customer shall indicate which products are tax exempt.

3. Payment and Credit Terms

Payment terms are net thirty (30) days from the date of shipment. All other payment terms are as set forth in paragraph I.A.4 of the STANDARD TERMS AND CONDITIONS. Customer agrees to inform Hardisprayer.com immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.

4. Shipping Charges and Freight Policy

Unless otherwise stated, shipping terms are EXW (as defined by International Chamber of Commerce Terms, 2000), Hardisprayer.com shipping warehouse. Shipments are freight collect from any Hardisprayer.com facility. Customer shall be responsible for obtaining insurance. At Hardisprayer.com's option, this freight policy may be subject to special terms and conditions for certain export orders. Title and risk of loss for products shall pass when made available to customer on delivery to carrier in the U.S.; provided that if payment has not been made at the time of shipment, Hardisprayer.com shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, customer's only recourse is to file a claim with the applicable airline, carrier, vessel and/or insurance company; provided, however, that if Hardisprayer.com has not received payment in full at the time the product is damaged in transit, customer shall be liable to Hardisprayer.com to make payment for the product, and Hardisprayer.com shall also, if customer fails to make payment, have the exclusive right to file a claim with the applicable airline, carrier, vessel and/or insurance company.

5. Export Controls and Related Regulations

Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security ("BIS") Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls ("DDTC") Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.

6. Foreign Principal Party in Interest; Freight Forwarder and Documentation

It is specifically agreed that customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At Hardisprayer.com's request, customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by customer or its freight forwarder related to sales to customer by Hardisprayer.com.

7. U.S. Foreign Corrupt Practices Act

Customer acknowledges that it is an independent contractor and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), a foreign political party or party official, or any candidate for foreign political office in connection with the purchase and resale of the products ordered from Hardisprayer.com.

8. Dispute Resolution

Actions by Hardisprayer.com for non-payment by customer of the purchase price of products sold by Hardisprayer.com, or for redress of other breaches by customer of these terms and conditions, may be brought by Hardisprayer.com, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Hardisprayer.com's option, disputes between customer and Hardisprayer.com, including all claims for non-performance by Hardisprayer.com, shall be finally settled by arbitration in Citrus County, Florida, U.S., in accordance with the Commercial Arbitration Rules ("Rules") of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Florida, U.S. The language of the arbitration shall be English.

9. Country of Importation and Anti-diversion

Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the customer and Hardisprayer.com documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by customer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Hardisprayer.com, customer shall provide documentation satisfactory to Hardisprayer.com verifying delivery at the designated country. Customer further agrees to inform Hardisprayer.com at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Hardisprayer.com shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Hardisprayer.com expressly agrees to do so.

10. Permits, Export, and Import Licenses

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations. Toxic Substances Control Act, or other applicable laws or regulations.

11. Governing Law; Limitations

The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Florida, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.