BH-USA Complete Terms and Conditions Pricing Conditions of Sale – BH-USA keeps on-line pricing current; the on-line price superseded any other written price with the exception of an estimate that has not expired.
Price Agreement – At BH-USA we are very careful, but sometimes errors happen. All errors are subject to correction. BH-USA reserves the right to change prices and specifications without notice.
Wholesale Accounts – BH-USA reserves the right to sell products to any customer meeting wholesale requirements. Manufacturer Suggested Retail Price (MSRP) – BH-USA publishes MSRP and will sell directly to the consumer at this price level. BH-USA reserves the right to sell its product at any price to any individual.
Prices and Terms – Prices and terms are subject to change without verbal or written notice. Orders are accepted on the basis of prices in effect on the date of shipment.
Confidential Price Agreement – Account holders and customers who purchase products from BH-USA at wholesale prices will be held to a confidentiality agreement between BH-USA and that customer. BH-USA considers wholesale price sheets and quotes confidential.
Terms Policy – Current customers with a satisfactory commercial credit rating will be shipped on standard open account terms of Net 30 days.
Clearance Items – All clearance sales are final. BH-USA will not accept returns or exchanges. Ordering and Processing Verbal Ordering – BH-USA‘s full-time inside sales team will answer the phones Monday thru Friday from 8:00 am – 5:00 pm central time. Our sales staff will make every effort to properly communicate your order but Boat Hoist USA will not be held responsible for mistakes from any verbal orders that are not accompanied by Boat Hoist USA part numbers. Fax Ordering – Purchase orders received by BH-USA via fax
MUST have BH-USA part numbers. It is the customer’s responsibility to ensure that BH-USA received the order by fax. Fax: 903-758-3646.
Orders by E-Mail – You can e-mail a purchase order to BH-USA at email@example.com. E-mail orders are checked at the beginning of each business day; therefore, e-mail orders will not be processed until the following business day. Any orders sent via fax or e-mail without BH-USA part numbers will not be processed. It is the customer’s responsibility to ensure that BH-USA received the order by e-mail.
On-Line Ordering – BH-USA makes available a complete online wholesale store at www.bh-usa.com. Approved wholesale account holders may access this site 24 hours a day using their account number and password.
Processing Time – All orders will be subject to a minimum 72 hour processing time from the time the order is entered into the system. BH-USA does not guarantee orders will be processed within 72 hours.
Back Orders – BH-USA makes every effort to have products in stock but sometimes our vendors fall behind. A BH-USA salesperson can check inventory from their desks and answer quantity questions if the customer asks. If an order is processed and put on backorder, it is not the responsibility of BH-USA to contact that customer. Orders placed on backorder will be held until the order is complete unless otherwise specified by the customer. It will be the customer’s responsibility to pay all freight charges if requested to ship partial orders.
Special Orders – If you would like to purchase a marine product that we currently do not offer, please give us a call and we will attempt to special order the item for you. ALL SPECIAL ORDERS ARE NON-RETURNABLE AND NON-REFUNDABLE.
Shipping and Receiving Orders Freight Policy – BH-USA’s shipping department will make every effort to find the most cost-effective shipping method for your order. It is the responsibility of the customer to pay for all shipping and handling charges for each order. BH-USA will ship an order on one of its preferred carriers unless otherwise specified in writing on the order.
Residential Deliveries – Shipping and freight companies may charge an additional fee on top of the original freight charge if delivering in a residential area. Shipping and freight companies each have their own definitions of a residential delivery.
Freight Quotes – Please contact BH-USA for a freight quote. We will quote freight based on information supplied by the customer at that time. BH-USA will not be held responsible for this quote if unforeseen charges are applied such as a residential delivery charge. Due to the fluctuation of fuel costs, all freight quotes supplied by BH-USA will be considered an estimate. If actual billed charges are higher than what was quoted, the customer will be responsible to pay the difference.
Unforeseen Freight Charges – Sometimes freight companies will impose unforeseen charges such as missed delivery attempts or residential charges. If this happens BH-USA will bill the customer for these charges. If a customer has already paid the invoice by credit card, BH-USA reserves the right to run the credit card again for these charges. BH-USA will provide proof that these charges were applied to BH-USA by the shipping company per the customer’s request. If contesting these charges, contact the BH-USA shipping department to complete a claim. BH-USA will not credit any charges until the claim is approved by the said shipping company.
Receiving Freight or a Shipment – Signing the delivery ticket as received is a contractual agreement transferring ownership of the shipment from BH-USA to the signee. BEFORE you sign the delivery ticket make sure delivery is complete and no visible damages are present. If items are missing or damaged either notate this on the delivery ticket and have the driver sign this notation or refuse the shipment. If the shipment is delivered and signed as a complete delivery, then it is understood by BH-USA that the shipment arrived complete with no damage.
Hidden Damages or Missing Pieces – Claims for shortages or unseen damages MUST be made within 10 days of receipt of shipment.
Shipping and Freight Claims – BH-USA’s shipping department will help with the shipping claim process, but it is the responsibility of the customer to file the claim with the shipping company. BH-USA is not responsible for the replacement of any items that have been lost in shipment and signed for as received by a customer. Only when a claim is approved by the shipping company will BH-USA send a replacement item. Please note that a shipping or freight company most likely will not approve a claim if the customer has signed for it in full. BH-USA is not responsible if an unauthorized person signs for the shipment that is incomplete or damaged.
Incorrect Orders Shipped – If BH-USA is found to be at fault for shipping a customer the wrong item or quantity, BH-USA will reship the item or correct quantity to that customer at BH-USA’s expense. This correction will be processed like any other order and will follow standard BH-USA processing procedures. BH-USA will arrange for the wrong item to be returned at BH-USA’s expense. If the said item has not been returned to BH-USA within 10 days of the claim, that customer will be billed for the item.
Freight Paid – If an error was made by BH-USA on an order, BH-USA will pay freight when correcting those items. BH-USA reserves the right to select a carrier for any shipment that qualifies for prepaid freight. BH-USA will not prepay overnight, next day air, second-day air, or priority shipments regardless of the situation. Call Tags – BH-USA will only issue one call tag when picking up equipment that was sent to a customer by mistake. The customer will be billed for each additional call tag that has to be issued by BH-USA if the first call tag fails. BH-USA will not issue a call tag for any items that a customer is returning or claiming under warranty.
Labor & Time Lost – BH-USA is not responsible for any labor or time lost by a company due to faulty equipment, incorrect shipments, lost shipments, backorders or any other mistake that might be caused by BH-USA or one of the fright companies used.
Warranty and Returns Warranties – The products sold by BH-USA which are not specifically represented to be manufactured by BH-USA may be covered against defects by a manufacturers’ warranty. If such a warranty is provided, warranty information should be included with your product. Should you experience any product defects outside of our return period or if you have any questions, please call 844-367-5806.
Return Policy – At BH-USA we take pride in our products and want you to be completely satisfied with your purchase.If you are not completely satisfied, please return the unopened or unused merchandise within 30 days of the shipping date with a copy of your receipt, and we will issue a refund or make the exchange of your choice. A refund of the purchase price less shipping and handling will be made using the same method and to the same credit card used on the original order. Returned defective or used merchandise will require an RMA number issued by BH-USA. This merchandise will be inspected and a handling fee of up to 20% will be charged on any or all returns. If the used merchandise is deemed unsellable a credit will not be issued. If you are sending back defective or used material you will have to contact BH-USA for an RMA number. SHIP the unused merchandise with a copy of the return form to BH-USA Returns, 2368 FM 2087 N, Longview TX 75603 via UPS, FedEx or DHL. DO NOT SEND ANY RETURNS VIA US POSTAGE. Indicate the reason for the return and the action to be taken (exchange or refund). For your protection please ensure your package for its full value. BH-USA cannot accept parcels sent Freight Collect or COD. BH-USA cannot be held responsible for returns that do not follow our return policy. Items received without proper documentation will be destroyed.
Clearance Items – All clearance sales are final. BH-USA will not accept returns or exchanges.
Disclaimer of Warranty – BH-USA disclaims all warranties either express or implied, including but not limited to implied warranties of MERCHANTABILITY and FITNESS FOR PARTICULAR PURPOSE with respect to any merchandise purchased from a BH-USA showroom, online catalog or mail order catalog. BH-USA’s liability in connection with a customer’s purchase is expressly limited to BH-USA’s return policy set forth above, and all claims for consequential, incidental, or special damages are hereby excluded.
Claiming a Warranty Issue – If you feel that your product is defective and covered under warranty it is the customer’s responsibility to acquire the RMA number and ship the said piece to BH-USA. BH-USA will not be responsible for shipping charges of this item. If BH-USA does find the item to be covered under warranty BH-USA will replace the item. BH-USA will be responsible for shipping charges back to the customer if and only if the item is found to be under warranty. Replacing Faulty Equipment – BH-USA will only replace faulty equipment after warranty issue has been claimed and BH-USA determines the equipment to be faulty. The customer can purchase a replacement piece and be credited once the faulty piece is found to be covered under warranty. If the returned piece is not covered under warranty, the customer will not be credited for new equipment bought and will be subject to BH-USA’s return policy. The customer will be billed for freight charges in returning the equipment. RMA numbers – A Return Merchandise Authorization (RMA) number must be printed on the outside of the box the item is returned in. BH-USA receiving dock will discard the item if an RMA number is not found. BH-USA will not be held responsible for losing any items that were returned without an RMA number.
BH-USA Labels – Any tampering with, removal of, or covering any label, serial number or rating label applied to products manufactured by or sold by BH-USA will void all warranties with no exceptions. Wire Rope, Rigging, and all structural steel or aluminum – Due to uncontrolled use and differences in all applications and environments all rigging hardware including but not limited to wire rope/cable, shackles, wire rope clamps, and fasteners are not covered under any warranties and BH-USA cannot be held responsible for any damages both to property or personal cause by rigging hardware breaking or failing. IN NO EVENT SHALL BH-USA BE LIABLE FOR ANY DAMAGE OR REFUND IN EXCESS OF THE AMOUNT ACTUALLY PAID BY THE CUSTOMER OF BH-USA FOR THE MERCHANDISE IN QUESTION.
Drop Shipping – BH-USA will drop ship any item directly to the consumer and bill the dealer. The customer will never see the invoice from BH-USA. There is a $50 minimum order for drop shipments to customers. If the shipment is under $50, then there will be a $5 handling charge added to the order. Drop shipments from selected third party vendors will be handled as special order items and will fall under special order terms.
Special Orders – Special order items are items that are not in BH-USA’s inventory and are ordered directly from the manufacturer. The customer is responsible for all shipping and handling charges. Special orders must be invoiced and paid in full before orders are processed. Special order items are non-refundable. www.bh-usa.com – BH-USA operates a complete online store at www.bh-usa.com. The wholesale pricing and shopping cart are password protected. Wholesale account holders can sign up for an online account and be able to shop online 24 hours a day 7 days a week at their wholesale price level. BH-USA reserves the right to evoke any online account as it sees fit without any explanation or advanced notice. All pricing online is final. Invoicing, Statements and Credit Net 30 Accounts – If your company is approved for and purchasing with a Net 30 account, BH-USA will mail an invoice the day that your order is shipped from BH-USA. The invoice is due 30 days from the day it is billed, not the day it is received. Customer payments are due at BH-USA 30 days from date of invoice. Checks are entered into the system on the date it arrives, not the postmark date. Any payment not received in 30 days will immediately begin acquiring finance charges.
Deductions – Unauthorized deductions taken with payment will not be allowed. All deductions from payment should reference the credit memo issued by BH-USA.
Statements – Statements are created and mailed every 30 days for all accounts that have an outstanding balance.
Late Payments – All invoices will begin acquiring finance charges at midnight on the day the invoice is due, regardless of any outstanding credits, warranties, discrepancies or issues with prior invoices. These issues are handled separately by our customer service department. It is the sole discretion of BH-USA to credit back any finance charges that have been added to late invoices.
Payments by credit card – Any account purchasing at a discount of MSRP is subject to a 3% charge if they choose to pay by credit card. Delinquent Accounts and Returned checks BH-USA reserves the right to hold shipments or refuse orders to customers that have past due invoices. A hold will be put on all accounts that are found delinquent. BH-USA accepts VISA, MASTER CARD, AMERICAN EXPRESS, and DISCOVER. BH-USA also accepts check by phone. Any customer is welcomed to pay their invoice using one of these methods. BH-USA will prosecute any delinquent account to the fullest extent of the law if that account continually refuses payment of an outstanding invoice or invoices and not abiding by the Terms and Conditions that are set forth by BH-USA. Any proceeding for the collection of any unpaid account shall be governed by and construed under the laws of the state of Texas and venue of such dispute shall be exclusively in Gregg County, Texas. The Applicant shall pay all costs and expenses incurred by BH-USA in the collection of indebtedness arising pursuant to this agreement, including all necessary and reasonable attorney’s fees incurred. All balances which remain for a period of thirty (30) days shall be subject to an applicant agrees to pay a finance charge equal to the maximum interest rate allowed to be charged in the State of Texas on such accounts at the time the account becomes thirty (30) days past due. If a check is returned to BH-USA due to lack of funds, BH-USA will contact the customer and offer to run the check again. A fee of $35.00 from BH-USA and any bank charges will be posted against the customer’s account. If the customer cannot be reached, BH-USA will attempt to run the check one more time. If the check bounces a second time the check will be turned over to the District Attorney’s Office. BH-USA considers this theft and will prosecute to the fullest extent of the Law.
Governing Law – Any dispute arising out of purchase of any merchandise herein, or the use of same, or regarding the collection of any unpaid amounts due, notwithstanding where or how the purchase was made or the product used, shall be governed by and construed under the laws of the State of Texas and venue of such disputes shall be exclusively in Gregg County, Texas