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Terms & Conditions

When Ordering Material: Please use Merrill Manufacturing order numbers, size and any other definite information necessary.  Merrill Manufacturing reserves the right to correct clerical errors or omissions in quotations or other documents.

Acceptance of Orders: All orders are subject to acceptance by Merrill Manufacturing's home office in Storm Lake, Iowa and to conditions stated herein.  Merrill Manufacturing will not be bound by any terms or conditions on buyer's order which is different from or in addition to the terms and conditions of Merrill Manufacturing unless specifically accepted in writing by Merrill Manufacturing's home office.  No changes or additions to current orders will be accepted if placed less than 48 hours prior to shipment.  No additional items can be added to freight prepaid back orders.

Prices and Quotations: Orders will be invoiced at the price in effect at the time of shipment.  Unless otherwise specified, prices are F.O.B. point of shipment.  All prices and quotations are subject to change without notice.  Items not listed in this catalog will be quoted on application.

Cancellation: Orders accepted by Merrill Manufacturing's home office in Storm Lake, Iowa are not subject to cancellation.  But where cancellation is mutually agreed to, the purchaser will be billed for reasonable charges based on expenses incurred or will occur due to commitments made by Well Pro for the cancelled order.

Special Products: Products made or ordered to customer's specifications are not returnable or refundable.  Requests for cancellation of such orders will not be granted if the manufacturer of the product is in process, or if the material necessary to manufacture the product has been purchased when the request reaches Merrill Manufacturing's home office.

Non-Potable Water: Merrill Manufacturing requires an affidavit be signed for specific products with all brass parts not in compliance with California Prop 65 or Safe Water Drinking Act. By adding this part to the cart  and accepting our terms and conditions, you accept our non-potable product affidavit that confirms you are not using this in a drinking water system. You can view our non-potable affidavits here. If you have questions about the affidavits, please contact Merrill Manufacturing at 800-831-6962.

Product Changes: The right is reserved to make changes in pattern, design or materials when deemed necessary without prior notice.  Products which have become obsolete by reason of design change or discontinued item for any reason, may not be returned for credit.

Shipping Policy: Merrill Manufacturing may prepay and allow transportation charges to common carrier destinations within the continental United States or Canada, excluding Alaska and Hawaii, and pricing will be in accordance with the corresponding freight policy outlined in the Merrill Manufacturing discount schedule.  We reserve the right to ship VIA most economical transportation means, routing of the shipment, and to select point of origin for the shipment.  Additional Freight Charges: Additional fees for residential, remote areas or any special circumstance deliveries from the freight company will be the responsibility of the receiver of the shipment and a separate invoice will be issued upon receipt of notification of such charges.  This applies to freight prepaid and allowed, and FOB pricing.  The receiver of the shipment is to pay all additional fees.  If special routing or method is requested, resulting in a higher rate, the additional amount will be charged to the customer.  Merrill Manufacturing will not be responsible for any extra charges, handling or otherwise, arising out of possible misdirected shipments to any location.  If the specific error was Merrill Manufacturing's, only the additional freight charges involved in returning the shipment to Merrill Manufacturing, or the freight costs involved in forwarding the shipment to another location or company will be paid by Merrill Manufacturing.  If the error in shipment was not specifically an error by Merrill Manufacturing, then no additional charges will be paid by Merrill Manufacturing.

A. Merrill Manufacturing shall not be responsible for delays resulting from strikes, accidents, negligence of carriers, or any other causes beyond our control.  Merrill Manufacturing may, during a period of shortage due to causes beyond its control, prorate the supply of its products among all of its customers in such a manner as may be deemed equitable at the sole discretion of Merrill Manufacturing.

RESIDENTIAL DEFINITION - The carrier will assess a charqe when required to make a pickup or delivery at a Residential location. The charge includes the initial notification for delivery and single shipment pickup at the Residential location. Additional labor will apply in addition to the Residential fee if the weight or the size of the freiqht requires two employees. The term Residential applies to any non-commercial or private residence, apartments, dormitories, estates, farms, home based businesses, ranches, rectories, parsonages or other locations where the entire premises on which a dwelling for living is located is not open to the walk-in public during normal business hours.

Same Day Shipment Policy: Any orders placed after 12:00 p.m. Central Time that must be shipped out the same day will incur an additional $25.00 service charge and it must be shipped by next day air service (UPS, FedEx, etc.).

MINIMUM INVOICE: Merrill has a $35.00 minimum invoice order amount. All accounts with an order of $35.00 net or under must be shipped with credit card payment or C.O.D., or extra amount added to total $35.00 with credit account.

Taxes: Any taxes that may be imposed by law on the sale of articles made or sold by Merrill Manufacturing shall be added to the sale price of such articles.

Terms of Payment: 2% 15 Days, Net 30 Days from date of invoice, and subject to approval of the Merrill Manufacturing credit department.

Interest Charges: Merrill Manufacturing will add an 18% per annum handling charge, with a $2.00 per month minimum, added to all invoices that are 15 days past due.  All orders are held from shipment when any invoice on an account becomes 15 days past due.

At 60 days from the invoice date, or 30 days past due, an account is considered severely past due and in jeopardy of being placed for collection.  If an account is placed for collection:

  1. All future orders will be shipped on terms of prepay cash only. (CIA)
  2. The dollar amount placed will include all collection agency fees and late charges.
  3. An account will not be considered for open account status until the account is current and the account has submitted an audited current financial statement and credit application.

THE BUYER AGREES THAT PAYMENT OF COLLECTION AND LEGAL FEES IN ADDITION TO ANY UNPAID INVOICE AMOUNT IS REASONABLE IN LIGHT OF THE ANTICIPATED HARM THAT WOULD BE CAUSED BY THE BUYER'S BREACH.

Returned Goods: All following policies must be met --

  1. A detailed list of the material to be returned must be submitted, as well as supporting data as to when purchased, dates, and invoice numbers if available.  Prior approval must be received in writing from Merrill Manufacturing's home office in Storm Lake, Iowa before any material is to be returned.
  2. Credit will be allowed only on material of our manufacture or sold by us, and must be resalable, otherwise only scrap value will be issued.
  3. Authorization and shipping instructions must be obtained from Merrill Manufacturing before returning any product.  All product being returned must be shipped with transportation charges prepaid.
  4. Any material returned to our company and not proven to be a manufacturing defect or not meeting all terms or policies for returned goods will carry a 25% restocking charge.
  5. All returned material is subject to our plant count and inspection, and our inspection departments determination will be final.
  6. ONLY OUR ISSUED CREDIT MEMOS WILL BE HONORED.  THERE SHOULD NOT BE ANY DEDUCTION MADE BY ANYONE ON THEIR PAYMENTS AGAINST THEIR ACCOUNT WITHOUT OUR CREDIT MEMO NUMBER.  ANY SUCH DEDUCTION BEING MADE WILL BE DISREGARDED AND WILL REMAIN OPEN ON THE ACCOUNT.
  7. Merrill Manufacturing will not be responsible for any material returned without written authorization or total compliance with the above terms or policies.
  8. All claims must be made within 30 days from the invoice date of the product.
  9. Credit for product warranty on items sold by Merrill Manufacturing, but not manufactured by Merrill Manufacturing, will be issued ONLY after Merrill Manufacturing has been allowed credit by the manufacturer of the product in question.  In most cases this may cause some delay in credit being issued.  Warranty determination is at the discretion of the original manufacturer and not Merrill Manufacturing.  Merrill Manufacturing can not issue credit on products that are old, abused, or where credit is otherwise not allowed by the original manufacturer.

Complaints: Complaints, controversy, or claims arising out of or related to Merrill Manufacturing products should be made at once to the Merrill Manufacturing's home office in Storm Lake, Iowa.  All reasonable efforts (as determined by Merrill Manufacturing) will be made by Merrill Manufacturing management to correct or settle the complaints, controversy, or claims between directly involved parties without third party, or legal involvement.  Any complaint, controversy, or claim arising out of or related to Merrill Manufacturing product, this contract, or the breach thereof, not settled between Merrill Manufacturing and claimant, shall be settled by arbitration, administered by the American Arbitration Association in accordance with its credit account arbitration rules.  The judgement on the award rendered by the arbitrator may be entered in the Iowa court having jurisdiction in the Merrill Manufacturing home office area thereof.

Errors, Shortages and Claims for Damaged or Lost Goods: All claims for shortages or errors must be made within 30 days from the date of invoice and claims must be placed with the carrier or transportation company within 15 days for damaged or lost goods.  Merrill Manufacturing is not responsible for goods after they have been delivered in good condition to the carrier or transportation company.  Merrill Manufacturing does not, unless under previous written agreement, insure shipments beyond the point of delivery to such carrier.

IT IS THE CUSTOMER'S RESPONSIBILITY FOR ORDERING PROPER PRODUCT TO MEET LOCAL, STATE AND FEDERAL CODE REGULATIONS.

 

 

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