Moody-Price, LLC

Parker.com online transactions supplemental terms and conditions
Some products offered through www.parker.com may be fulfilled by our distribution partners. Our distribution partners shipping and delivery terms and conditions may differ from those offered by Parker. When ordering a product sold by a distribution partner, you should check their terms and conditions for details on shipping and delivery. Parker is an agent of our distribution partner for the sole and express purpose of promoting the products and receiving funds as payment for their products sold through www.parker.com, and transmitting those funds to the distribution partner. Parker's receipt of funds on behalf of a distribution partner is equal to receipt of the funds directly by the distribution partner. When you make a payment to Parker for a distribution partner product, you have fulfilled your payment obligations and your debt due to the distribution partner extinguishes upon receipt by Parker.

You should contact the distribution partner directly via the contact information provided for any inquiries or customer service issues related to their products, such as returns, and Parker regarding product  warranty issues. As payment agent, Parker will refund any money to you for returns of the distributor partner?s products via the payment method used to purchase the product, after we receive notice from the distributor partner that you have returned products to them in accordance with their return policy.

Parker reserves the right to refuse or cancel any orders placed for products which the sale or use of such product in your state or jurisdiction is restricted or prohibited.

Pricing errors may occur on www.parker.com from time to time, on items sold by Parker, or items sold by a distribution partner on www.parker.com. Parker attempts to correct all pricing errors as soon as they are discovered, or as soon as Parker receives notice of an error. Parker reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Parker. Any payments you make to Parker for orders that are cancelled due to pricing errors will be refunded.

DISTRIBUTOR SALES TERMS & CONDITIONS
MOODY-PRICE, L.L.C. ("SELLER”) - TERMS AND CONDITIONS OF SALE

1. GENERAL:  All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Seller’s products are subject to and shall be governed exclusively by the terms and conditions stated herein.  The acceptance by buyer of Seller’s products ("Buyer”) of any offer or counter-offer to sell is limited to these terms and conditions.  No such additional, different or inconsistent terms and conditions shall become part of the contract between Buyer and Seller, unless expressly accepted in a subsequent writing signed by Seller.  Seller’s acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer’s assent to all terms and conditions stated herein, including any terms in addition to, or inconsistent with, those contained in Buyer’s offer.  Whether or not Buyer expressly agrees to these terms and conditions in writing, Buyer’s acceptance of Seller’s products shall in all events constitute such agreement and consent.

2. PAYMENT AND COLLECTION:  Payment shall be made by Buyer within thirty (30) days of the date of invoice, unless otherwise provided on the face of said invoice.  In the event of a dispute, the undisputed amount must be paid within thirty (30) days of invoice.  If payment for the full amount of all purchases is not made within thirty (30) days from date of invoice, a finance charge of one and one-half percent (1-1/2%) per month [annual percentage rate of eighteen percent (18%)] will be added to the past due balance (including past due but unpaid finance charges). If for any reason Louisiana law is held not to apply to these Terms and Conditions, and the laws of another jurisdiction are held applicable which would make the above finance charge usurious, then the finance charge shall be limited to the maximum amount allowed by such applicable law.  In the event Seller places Buyer’s account "for collection”, Buyer agrees to pay all reasonable costs of collection including, but not limited to, attorney’s fees and court costs.  Seller reserves the right to discontinue any discounts given if payment is not made timely in accordance with the terms and conditions provided herein. Payments made after the Moody Price established due date, using as credit card as form of payment, will be assessed a 3% processing fee on the amount paid.

3. DELIVERY:  Unless otherwise agreed in writing by Seller, delivery shall be made F.O.B. point of manufacture. Freight may include handling charges.  Any delivery dates shown (or which may be shown) are approximate only and Seller shall have no liability for any delays in delivery.

4. WARRANTY:  The manufacturer (not Seller) normally warrants that the products sold hereunder shall be free from defects in material or workmanship as stated in the manufacturer’s standard warranty.  The manufacturer’s warranty comprises the sole and entire warranty pertaining to the products provided by Seller.  Seller makes no warranty, guarantee or representation of any kind whatsoever, all warranties by (or against) Seller, including but not limited to, merchantability and fitness for purpose, whether express, implied, or arising by operation of law, trade usage, or course of dealing are hereby renounced and disclaimed, and in particular Buyer waives and renounces as against Seller any warranty against hidden defects.  There are no warranties on products built or acquired wholly or partially to Buyer’s designs or specifications.

Seller hereby assigns to Buyer any warranty claims Seller has against the manufacturer as to the products sold to Buyer.  A copy of the manufacturer’s written warranty, if any, is usually furnished prior to, or with, delivery of the products being purchased by Buyer; however, if Buyer has not received such a copy of a written warranty from the manufacturer, upon receipt of Buyer’s specific request for such a copy, Seller will obtain a copy of the manufacturer’s written warranty, if any, and forward a copy of said written warranty, if any, to Buyer.

5. LIMITATION OF REMEDY:  Seller’s liability arising from or in any way connected with the items sold, or under this contract, shall be limited exclusively to handling the repair or replacement of items sold or a refund of the purchase price (paid by Buyer), at Seller’s sole option.  In no event shall Seller be liable for any incidental, consequential or special damages of any kind or nature whatsoever, including but not limited to lost profits arising from or in any way connected with this agreement or any items sold or delivered and/or to be delivered to Buyer, whether alleged to arise from breach of contract, express or implied warranty, or in tort, including without limitation, negligence, failure to warn strict liability, or otherwise.

6. CHANGES, RESCHEDULES AND CANCELLATIONS:  Buyer may request to modify the design or specifications for the items to be purchased as well as the quantities and delivery dates thereof, or may request to cancel all or part of any order.  Any such requested modification or cancellation shall be approved, in writing, by Seller and may be subject to changes in lead time and price, as well as restocking charges.

7. RETURNS:  Returns will be accepted only after Seller’s permission has been obtained in advance.  Return of items normally stocked by Seller will be subject to restocking charges.  Return of special items or items not normally stocked by Seller will be commensurate with terms given by the manufacturer, with possible administrative charges.  Non-standard items not returnable to the manufacturer will not be returnable to Seller.  Credit will be based on invoiced price.

8. PRICE AND TAXES:  All prices of goods are subject to change or withdrawal.  Any testing, documentation or special requirements not specified in Buyer’s inquiry are not included in any prices quoted.  Unless otherwise indicated in writing signed by Seller, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold or to be sold by Seller.  If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts of the items sold.  Buyer agrees to pay all such taxes or to reimburse Seller thereof upon receipt of Seller’s invoice. 
If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall defend, indemnify and hold Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.

9. PATENTS:  Seller shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights.

10. FORCE MAJEURE:  Seller does not assume the risk of, and shall not be liable for, delay or failure to perform any of Seller’s obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter "Events of Force Majeure”).  Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or manufacturers, shortages of materials and any other cause beyond Seller’s control.
11. SPECIAL OR NON-STANDARD PRODUCTS:  Seller shall not issue factory purchase orders for non-stock or non-standard items prior to receipt of Buyer’s written purchase order or letter of intent.  Lead-time quoted commences upon receipt of written purchase order or letter of intent from Buyer.

12. FAIR LABOR STANDARDS:  Seller represents that with respect to Seller’s actions relating to the products being sold and/or the performance of Seller’s services, Seller has fully complied with the Fair Labor Standards Act of 1938, as amended, and of all regulations or orders of the Administration issued thereunder.

13. ERRORS:  Seller reserves the right to make corrections to typographical, mathematical or other errors, upon discovery.

14. ENTIRE AGREEMENT:  The terms and conditions set forth herein, along with any amendments, modifications and any different terms or conditions expressly accepted by Seller, in writing, shall constitute the entire agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto.  This agreement shall be governed by the internal laws of the State of Louisiana.  No actions arising out of the sale of the items sold under this agreement may be brought by either party more than two (2) years after the cause of action accrues.

         
DISTRIBUTOR RETURNS POLICY
Hassel-Free Returns:  
If you are not satisfied with a product for any reason, we will promptly exchange or refund your eligible purchase.  To be eligible, products must be returned within 30 days, in new and unused condition.  Special order products, products that are cut to length, or products that are not returnable to the manufacturer are not eligible.  
Some items that are not eligible may be returned, but will be subject to a 25% restocking charge.  Contact us at 1-800-272-9832 to determine if the product is eligible to be returned.
Damaged Products:
All items are carefully packaged to prevent damage during transit.  If you receive any damaged products, immediately report it to the carrier, and notify Moody-Price, LLC within 48 hours.  We will work with you and the carrier to promptly replace the damaged products.
DISTRIBUTOR RETURNS INSTRUCTIONS FORMS
To Initiate a Return:
Contact us at   1-800-272-9832 and request an RMA.
The customer is responsible for shipping the returned products to Moody-Price, LLC.  However, any returned products due to damages or shipping errors may be shipped collect on our UPS account.
 
Return Material: 
Include a copy of the Return Authorization with the shipment, and ship the products in original packaging when possible. 
 
Return Shipping Costs: 
Return shipping costs are the responsibility of the customer except in the case of defective products or a shipping error.  Lost packages or freight claims are the responsibility of the customer, and we will assist you in getting a prompt replacement.
 
Credit: 
Returned material is subject to inspection before a credit will be issued.  If material arrives back damaged due to inadequate packaging, we will not be able to issue a credit.  Products that are not in new and unused condition may be subject to a restocking charge, or deemed non-returnable. 
 
Warranty Claims and Returns: 
Products are under warranty from Parker Hannifin for (1 Year) from purchase.  Defective products will be replaced or credited.  To request a warranty claim, call us 1-800-272-9832.
DISTRIBUTOR SHIPPING POLICY
Stock Items: 
Stock items usually ship within one business day.  Express orders are usually sent the same day if we receive the order by 2:00pm CST.
Back Orders: 
If the ordered products are currently not in stock, we will give you an estimated shipment date at checkout or by email.
Multiple Shipments: 
Products may be shipped from several locations and some items may arrive separately. You will not incur additional shipping charges under these circumstances.
P.O. Boxes: 
Orders cannot be sent to a P.O. Box and must be sent to a street address.
Terms: 
Orders will be shipped pre-paid from Moody-Price, LLC 
Carriers: 
Moody-Price, LLC uses UPS for all small package shipments and offer UPS Ground or UPS Next Day Air services.  Motor-freight options are available for items too large or too heavy for UPS service.