Fittings Catalog General information
Minimum Order There is no minimum order. However, all orders under $50 are subject to a $5 handling fee. Payment terms are 2% 10 days/ net 30 days. A 2% service charge per month will be collected on all past due balances. All Backorders under $10 will be canceled.   Uh...Oh Catalog Errors We strive to provide a completely error free catalog, but if errors are discovered, they are corrected in our computer immediately. Please note that current computer pricing supercedes printed catalog errors.   Damage/ Shortage Claims Please be sure to count the cartons you sign for and note any damage on the bill of Lading. Open your order immediately to check for any concealed damage. If damaged, the original carton should be kept for possible carrier inspection. Shortage or damage claims need to be reported within 5 days of delivery. To process a claim, we need your invoice number or customer number. Once we ship an order it’s consigned to the carrier. Please note: THEY are responsible for any shortage or damage incurred - until you sign a clear bill of receipt. Usually, carriers will not honor a claim if they have a signed receipt from you.   Be Smart These products are intended for use by qualified, experienced professionals, and the selection of appropriate products for the intended use must be made by persons knowledgeable in this field.	Limited Warranty: All of our goods are guaranteed only to extent of replacing, requiring or repairing any part that proves defective in workmanship or material, provided it is reported to us no later than 30 days after receipt of the part. No responsibility will be assumed for deterioration, wear or injury of parts which results from age, accident or abuse. Except as expressly provided herein, DR Smith Co. Inc. does not make any warranty or representation, express or implied, with respect to its products, including without limitation any implied or expressed warrenty of merchantability or fitness for a particular purpose. In addition, under no circumstances shall DR Smith Co. Inc be liable for lost profits, lost savings or other consequential, incidental, special or indirect damages, or for acts of negligence that are not intentional or reckless in nature regardless of whether it has been advised of the possibility of such damages.   Special Order Items Orders for special products or blanket purchase orders cannot be cancelled without our authorization, and only upon terms that will indemnify us against loss.   Dimension Disclaimer Dimensions may change without notice. Please contact Midland if they are critical.   Copyright Protection No reproduction either in whole or in part may be made from this catalog without the written permission from us. Any reproduction of this catalog constitutes a violation of the copyright laws of the United States of America. Midland Marketing Inc © Nov 2005
Return Policy Unused NON-DEFECTIVE items in DR Smith Co. Inc packages with part numbers clearly identified and in resaleble condition are subject to a 25% restocking charge and must be returned within one year from invoice date. Custom made or blanket ordered, special items are not returnable. DEFECTIVE items, may be returned at DR Smith's discretion for credit or replacement. No cash refunds will be given. For a Return Authorization (RA) number before shipping product, please call Customer Service at 1-888-821-5725. NO returns of any type will be accepted without lot traceability and an RA number. Returns must be received within 30 days of the issuance of the RA number. Please have the following information on hand when calling for an RA number:
• Customer Name • Account number • Original purchase order number • Invoice number • Nature of problem
Credit will be issued within 30 days after returned product is received and if inspection and traceability requirements are met. Credit will be null and void after one year from credit date. Returns must be received within 30 days of the issuance of the RA number.
California Customers: DR Smith Co. Inc does not guarantee that all products meet California environmental laws or Proposition 65. It is the sole responsibility and liability of the DR Smith Co. Inc distributor to order products for use in California that comply with California laws.

All orders must be received with a P.O. or purchased through Visa, MasterCard, Discover or American Express. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 10 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 10 days from date of shipment, DR Smith Co. Inc. may defer any further shipments or other orders, or cancel any portion of an unshipped order. DR Smith Co. Inc. reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees and costs incurred by DR Smith Co. Inc. in connection with any collection action for payment of the amounts due herein.

 

Applicable state and local tax will be charged on orders, unless Purchaser provides DR Smith Co. Inc. with an exemption certificate. Note your tax-exempt status when ordering.

 

DR Smith Co. Inc. must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (not in the catalogue) may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to DR Smith Co. Inc. or as otherwise designated by DR Smith Co. Inc., and must be in resalable condition and accompanied with an Invoice.

 

Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.

 

In addition to the forgoing Order terms, Purchaser represents that it is purchasing the products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. No re-export or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the product. All costs associated with exportation and importation of the product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform DR Smith Co. Inc. of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling, but DR Smith Co. Inc. shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by DR Smith Co. Inc. Purchaser acknowledges that it is not an agent of DR Smith Co. Inc. and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act. Purchaser represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce.

 

Electronic Commerce

With prior approval, DR Smith Co. Inc. and Purchaser may agree to be bound by transactions performed through DR Smith Co. Inc.'s e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between DR Smith Co. Inc. and Purchaser concerning electronic data interchange.