Terms of Sale

1. PAYMENT TERMS

  • Net 30 days from invoice date
  • A 1 1⁄2 % service charge will be applied to unpaid invoices over 30 days


2. FREIGHT

  • Freight will be prepaid on orders of 200 cases or more shipped in a single shipment to one destination per calendar week plus unlimited orders in full truckload quantity which is generally 30 pallets.
  • Shipments under the 200 case (MOQ) minimum and additional less than full truckload orders will be shipped collect freight.

3. CUSTOMER ORDER POLICY

  • All orders received will be processed and acknowledged within 24 hours. Sabert assigns an order number to every order received and acknowledged. Any purchase orders placed that do not receive an acknowledgement within 24 hours and contain a Sabert order number should not be assumed to have been received by Sabert.
  • Open aged order lines not shipped within 45 days from first shipment on the purchase order will be automatically closed out with notification. Canceled quantities can be added to a future purchase order.

4. MINIMUM ORDER REQUIREMENTS

  • The minimum order requirement for prepaid freight is 200 combined cases once per calendar week or unlimited truckload quantities.
  • All orders less than 200 cases, including pick‐ups carry a $20 handling charge plus freight charges.

5. LEAD TIME

  • Normal lead‐time is 7 calendar days from the date the order is placed to ship.
  • No changes to the order will be allowed after 4 days from the receipt of the order. If changes are required after the 4 days, the order will be considered a rush order and the applicable charge will be added to the order.
  • Any order requested to be shipped before the 7 day lead time will be charged a 6% rush order fee to cover the additional expenses.

6. CUSTOMER PICK UP.

  • All merchandise picked up at any Sabert Corporation facility in a customer owned, leased, or contract carrier vehicle is sold on a FOB origin basis. The driver of the customer vehicle is responsible for count and will assist in loading the vehicle.
  • Any shortage, damage, or consequential loss is at the customer’s expense. Buyer must notify Sabert Corporation 24 hours in advance of any pickups.

7. TRANSPORTATION

  • Any transportation routing or method of packaging specified by the buyer will be followed to the extent that it is practicable to do so, but any resulting increased costs will be on the buyer’s account and will be added to the invoice.

8. NONCONFORMING PRODUCTS

  • In the event a product is found by the Customer to not meet written and mutually agreed upon specifications, samples of potentially nonconforming Product shall be sent to Sabert for testing & validation of the nonconforming condition. Upon confirmation Sabert reserves the right to:
    • Ship replacement product or
    • Authorize a returned goods authorization for the product to be shipped back freight collect or
    • Credit for the disposition of the product still in customer's possesion
  • Sabert's obligation will not extend beyond the options listed above under any circumstances

9. RETURN GOODS POLICY

  • Customers may request a return authorization from Sabert Corporation as long as the products are:
    • Less then 1 year old from the date of purchase
    • Actively stocked, non custom items
    • For quantity that will not create greater than 12 months of supply once returned to stock
    • No discontinued items can be returned
    • Undamaged and returned in sellable condition
    • Both internal and external packaging should be returned, free and clear of damage and markings not added by Sabert prior to return delivery
    • Total return value over $250
  • If the above requirements are met, then the customer will be responsible for:
    • A 20% restocking fee on existing products
    • A 5% restocking fee on new products launched by Sabert within the last 9 months from return date
    • Arranging and paying for freight back to an agreed upon Sabert plant location
    • Duties (if applicable)

10.  DAMAGES & SHORTAGES

  • Inspect all shipments immediately
  • Damages and shortages must be reported to the carrier upon shipment of goods. All damages and shortages must be noted on your freight bill and signed by the driver. 
  • All claims must be submitted to Sabert Corporation within 48 hours.

11. UNLOADING PRODUCT POLICY

  • Sabert Corporation does not cover or authorize any unloading costs for any shipments in North America.

12. CLAIMS

  • All claims of any nature which are not made to Sabert Corporation in writing within 30 days after the arrival of goods at the destination are waived.

     

  • All claims for losses or damages which occur in transit should be made to the freight carrier by the buyer and not deducted from the invoice. Buyer will afford Sabert Corporation’s representative reasonable opportunity to examine and test the material which is the basis of the claim.
  • No claim against Sabert Corporation will be allowed or given credit for the merchandise returned without prior authorization of Sabert Corporation in writing.
  • In the event the material received is damaged or an order received is short, the buyer should immediately notify Sabert Corporation’s customer service department. A copy of the delivery carrier’s receipt, indicating the damage or shortage and the disposition of the damaged material must accompany this notification.

13. CREDIT

  • Terms of sales are subject to approval of Sabert Corporation’s credit department. Sabert Corporation reserves the right to receive adequate security from buyer or advance or COD payment before making or continuing shipments hereunder in the event that the buyer’s credit shall at any time be or become impaired.

14. TITLE, RISK OF LOSS

  • Title to material and risk of loss thereof shall pass to buyer upon delivery to the carrier at the shipping point.

15. TAXES

  • In the absence of proper exemption certificates forwarded to Sabert Corporation by buyer, Sabert Corporation shall collect from buyer all applicable sales or use taxes or other proper taxes or governmental charges, now imposed by Federal, State, or Local authorities upon the production, sale, and/or shipment of the material sold hereunder or hereinafter becoming effective prior to the delivery of material.

16. LIMITED WARRANTY

  • Subject to the limitations and restrictions set forth herein, Sabert warrants to Buyer that, for a period of six (6) months the goods shipped by Sabert to Buyer shall be free from defects in workmanship.  The warranty period begins with the date of delivery of the goods to Buyer.

17. WARRANTY RESTRICTIONS

  • THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 15 ABOVE DOES NOT COVER NORMAL WEAR AND TEAR AND IS NON-TRANSFERABLE.  IN ADDITION, THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 15 DOES NOT APPLY TO ANY GOODS WHICH HAVE BEEN SUBJECTED TO (A) ACCIDENT, ABUSE, MISUSE, MISHANDLING, NEGLIGENCE, MISAPPLICATION OR IMPROPER MAINTENANCE; (B) A FAILURE CAUSED BY ANY ITEM WHICH SABERT DID NOT PROVIDE OR FOR WHICH SABERT IS NOT RESPONSIBLE; (C) IMPROPER USE BY BUYER, OR (D) ANY UNAUTHORIZED REPAIR, MODIFICATION OR ALTERATION.

18. DISCLAIMER OF WARRANTIES

  • EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 15, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, INDUCEMENTS OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION OR QUALITY NOT EXPRESSLY SET FORTH HEREIN, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.  TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY APPLICABLE LAW OR, IF NO SUCH PERIOD IS PROVIDED, TO THE EXPRESS LIMITED WARRANTY PERIOD FOR THE GOODS SET FORTH IN PARAGRAPH 15.

19. LIMITATION OF LIABILITY/REMEDIES/DAMAGES

  • SABERT’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR THE GOODS, DURING THE WARRANTY PERIOD, SHALL BE LIMITED TO REPLACEMENT OF SABERT’S GOODS FOUND BY SABERT TO BE DEFECTIVE, WITH NEW GOODS AT SABERT’S DISCRETION, OR AT SABERT’S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH GOODS OR TO GIVING AN ALLOWANCE THEREFOR, PROVIDED, HOWEVER, THAT THE COST OF SUCH REPLACED GOODS SHALL NOT EXCEED THE TOTAL VALUE OF THE ORDER.  THE PARTIES HERETO EXPRESSLY AGREE THAT BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST THE SELLER SHALL BE FOR THE REPLACEMENT OF THE DEFECTIVE GOODS OR, WITH SABERT’S CONSENT, THE REFUND OF THE PURCHASE PRICE OR ALLOWANCE THEREFOR.  BUYER HEREBY AGREES THAT THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS SABERT IS WILLING AND ABLE TO REPLACE THE GOODS IN THE PRESCRIBED MANNER OR REFUND THE PURCHASE PRICE OR GIVE BUYER AN ALLOWANCE THEREFORE.

20. DISCLAIMER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES

  • Sabert shall not be liable for personal injury, property damage, loss of revenue or profit, expenditures for substitute product or services, failure to realize savings or other benefits, storage charges or any other incidental, consequential, indirect, punitive, exemplary or special damages, regardless of the legal theory on which the claim is based and even if Sabert has been advised of the possibility of such damages, which Buyer or any other person or entity may suffer or claim to suffer or incur or claim to incur as a result of (A) any defect in the goods manufactured or sold by Sabert, (B) any failure to perform by Sabert under this agreement, (C) any delay of any of Sabert’s obligations hereunder, (D) any use or resale of the goods, or (E) any inability to use or resell the goods.  Any and all claims in this respect are expressly waived.

21. PERFECT MATCH BILLING

  • Sabert Corporation is committed to providing timely delivery of all products and services. Please ensure that all purchase orders have all current and correct pricing to secure perfect match billing. This should result in timely shipments and delivery of products and services.
  • Any purchase orders that have incorrect pricing will be subject to new product delivery dates from the date the pricing has been corrected and resolved.

22. FORCE MAJEURE

  • The consequence, direct or indirect, of labor troubles, fires, accidents, floods, war, shortage of transportation, failure, suspension or curtailment of production due to the shortage of supply of raw materials, or other economic factors, Government acts or requirements and any and all like or different causes beyond the control of the parties hereto shall excuse performance by either part to the extent by which performance is prevented thereby the buyer shall not be excused with regard to shipments already made or materials then in process of manufacture. Sabert Corporation may, during any period of shortage due to any of said causes, allocate the available supply of material among its customers in such manner as may be deemed equitable in the sole judgment of Sabert Corporation.

23. ASSIGNABILITY

  • Buyer may not assign this agreement without Sabert Corporations prior written consent.