ORDER TERMS AND ACCEPTANCE: All customer orders are subject to these Terms and Conditions. Any inconsistent or conflicting terms in any purchase order, or other customer communication, cannot supersede or modify these Terms and Conditions, and are expressly rejected. All orders are subject to acceptance by Leeds and no provision of goods or services by Leeds will be deemed to be an acceptance of conflicting or inconsistent terms, or a waiver of these Terms and Conditions.
If the customer is the federal government, a state government, an agency of the federal or state government, or a political subdivision of any state, including, but not limited to, any county, city, or municipality, these Terms and Conditions shall be deemed to be subject to the mandated terms and conditions of any said government as they relate to government purchases.
Any transactions with Leeds for products or services will be governed by the laws of the State of Minnesota applicable to contracts and accepted and to be performed in Minnesota, without regard to applicable conflicts of law principles. Any action relating to any Leeds transactions, or these Terms and Conditions, will be brought in the applicable federal or state courts located in Hennepin County, Minnesota. By placing orders with Leeds, each customer irrevocably submits to the jurisdiction and venue of such courts.
SHIPPING: Leeds will attempt to honor special shipping requests, but reserves the right to select the carrier and manner of shipment. All shipping and delivery dates provided are estimates only, and customer will pay all applicable shipping and handling charges. All products are sold and shipped F.O.B. Plymouth, Minnesota, with title and risk of loss passing to customer upon tender to carrier.
PRICING AND PAYMENT: Prices and applicable discount terms are subject to change without notice, and orders will be filled and shipped at prices confirmed on acceptance. Except as otherwise quoted by Leeds, pricing is exclusive of all applicable sales, use or similar taxes, which will be the sole liability of customer. Unless customer has been granted credit terms, all customer purchases are payable prior to shipment, or on delivery for COD orders.
If credit is extended, customer agrees that Leeds will be entitled to collect interest on any late payments from date of delivery at the rate of 8% per annum, or the highest applicable interest rate allowed by law in the State of Minnesota, together with reasonable attorney’s fees or other costs of collection. Leeds also reserves the right to amend or revoke customer credit terms at any time.
PRODUCT ACCEPTANCE: In case of any shortage or product damage, customers must notify delivering carrier and Leeds immediately, and must file a carrier claim within 10 days of receipt. Leeds will provide necessary supporting claim information and documentation on request. Leeds will use best efforts to expedite reorders for missing or damaged products, which will also remain subject to Leeds’ Terms and Conditions.
RETURNS AND CANCELLATIONS: Unused and undamaged non-custom products are the only type of products that may be returned, provided that the customer has obtained a written return authorization code from Leeds. All such returns must be requested within 30 days of product receipt. Credit for authorized returns will be issued at current price paid, less freight costs and reasonable restocking fees. Cancellation of orders prior to delivery are subject to the following: i) If items ordered are Leeds’ stock items, the order cancellation will be accepted without charge or penalty, ii) If items ordered are special order items by Leeds and Leeds has placed a purchase order with the manufacturer, or if the items ordered include Leeds’ customization of products, a reasonable fee may be charged, not to exceed an amount equal to 15% of the customer’s purchase price.
INCONSISTENT TERMS: In the event that a Leeds’ quotation contains any terms and conditions that are inconsistent with the terms and conditions set forth above, the inconsistent term or condition of the quotation shall control.