Terms and Conditions

Standard Terms and Conditions of Sales

The sale of product described herein, ("Product") by Wellspring Supply Network, the owner of the Home Supply Network ("Seller"), is made on the condition that Buyer assents to the promises, terms and conditions set forth below. These Terms and Conditions supersede all other agreements, and represent the entire agreement between the parties hereto.
           
1. ACCEPTANCE OF ORDER; TERMINATION.  Acceptance of any order is subject to credit approval and acceptance of order by Seller and Seller's suppliers. If Buyer's credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice to Buyer and without liability to Seller. Delivery of Product is F.O.B. place of shipment, which shall be determined by Seller. Any freight allowances are based on the date of the price quotation and may not be the amount ultimately charged by the shipping company. Additional charges may be processed if the actual shipping fees differ from those estimated on the Purchase Agreement. Product is shipped via UPS ground unless other arrangements are made with Seller prior to shipping. In the event the specific Product ordered is not available for timely delivery, Seller shall be entitled, in its sole discretion, to deliver substitute products of equal or better quality.

2.  PRICES AND SHIPMENTS.  All payments for Product, taxes and shipping under this agreement are due in full prior to the shipment of Product.

3. RETURN OF GOODS.   Credit will be allowed for goods returned with prior approval, provided the Product is unused, in the original packaging, and Buyer has contacted the Seller within 30 days of delivery. Once any portion of an order has been shipped from Manufacturer’s facility, the entire sale is considered as complete and final. In the event the Buyer decides to return any Product to Manufacturer for a refund or for exchange, it is agreed that a 25 percent restocking fee will be charged based on the price that Buyer paid for the returned Product. Return freight costs are paid by the Buyer. No C.O.D. shipments will be accepted. Upon receipt and inspection of the returned Product a refund will be issued minus the restocking fee.

4. DELAY IN DELIVERY.   Seller is not to be accountable for delays in delivery occasioned by acts of God or other circumstances over which Seller has no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Seller be liable for any consequential or special damages arising from any delay in delivery.

5. WARRANTIES.   Seller warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties made to Seller by the manufacturer of the goods. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

6. LIMITATION OF LIABILITY.   Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Seller, a copy of which will be furnished upon written request. Furthermore, Seller's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Seller's option, and in no case shall Seller be liable for incidental or consequential damage. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.

7. WAIVER.   The failure of Seller to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.

8. MODIFICATION OF TERMS AND CONDITIONS.   No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on Seller without the Seller's written consent.

9. SECURING PAYMENT.   Buyer agrees to pay in full prior to shipment using a check, certified funds, wire transfer or major credit card. Any amount not paid in full at the time of shipping will be subject to interest at 1.5% per month or 18% per annum. Buyer agrees to pay any outstanding balance within thirty (30) days of the date Product is shipped. If the Buyer defaults in his payment obligations, Buyer agrees to pay attorney fees, costs of court and costs of collection incurred at any time.

10. REPEAT ORDERS.   Your initial authorization and acknowledgment of these Standard Terms & Conditions of Sale can be used for subsequent orders.

11. JURISDICTION AND VENUE.   Buyer agrees that this agreement shall be construed according to the laws of the State of Utah and in the event any legal action is undertaken for any reason that jurisdiction and venue shall be in the State of Utah, County of Salt Lake.


IN WITNESS WHEREOF, the Buyer signifies their complete understanding and agreement to comply with the terms hereof by checking the appropriate box online and/or tendering payment. Further, the individual verifies that he/she is authorized to agree to the Terms and Conditions for and on behalf of the Buyer. This agreement is entered into by Buyer with Seller.