TERMS AND CONDITIONS
In these terms and conditions “we” and “us” mean BASCO, and “you” means you the customer. “Contract” means these terms and conditions together with our order confirmation. BASCO does business with its customers under the terms and conditions set forth herein. BASCO hereby rejects any terms and conditions contained in any customer purchase orders or other business forms which are different from or in addition to the terms stated herein.

PLACING AN ORDER

  • All orders can be placed by email (sales@bascodistribution.com) or phone (+1 917 627 3000). A PO must accompany all orders confirmed.
  • By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
  • When you place an order, you will be issued an order confirmation by email. Issuance of an order confirmation does not constitute BASCO’s acceptance of your order
  • If we accept your order, we will notify you of our acceptance by issuing a Proforma Invoice. We will send your Proforma Invoice to you by e-mail provided you have indicated an e-mail address on your Purchase Order Form. If we cannot accept your order we will attempt to contact you by email or telephone.
  • Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source products or (iii) if there was a pricing error. In such circumstances we will contact you to inform you and may suggest alternative products that you might wish to purchase. If you do not accept our suggestions then we will cancel your order in relation to those products we cannot supply and repay you any money that you may have paid to us in respect of those products. In the event of a typographical error or technological error causing a mistake in price to be shown, BASCO reserves the right to correct the error and to charge you the correct price. Before it does so, BASCO will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery.
  • All orders are subject to acceptance by BASCO in Forest Hills, NY
  • Orders once confirmed by BASCO cannot be cancelled nor prices reduced.

PRICES

  • The price for the Products will be the price indicated on your Order Confirmation/Invoice.
  • Delivery costs, where applicable, are payable by you as indicated on your Invoice.

GENERAL TERMS OF PAYMENT & FINANCIAL REQUIREMENTS

  • Customer must pay in the currency as indicated on the Invoice.
  • Payment terms available are CIA, COD, Credit Card or Net 15 Days from date of invoice upon credit approval by our insurers.
  • If you are paying by credit card, then you must supply your credit card details when you place your Order. All credit card payments are subject to a 3% card processing fee. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the sourcing of your Products neither will we supply the Products to you until your credit card issuer has authorized the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorization we shall let you know. Your credit card billing address must be in USA. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
  • If you are paying by bank check or wire transfer, a request for payment will be sent to you and your Products will be sourced and supplied after your payment is cleared. If we do not receive payment in cleared funds within 4 days after the date of your Order then your Order will be cancelled.
  • LATE PAYMENT CHARGE OF ONE AND ONE-HALF (1-1/2%) PERCENT PER MONTH (18% PERCENT PER ANNUM) MAY BE IMPOSED ON ANY PORTION OF YOUR ACCOUNT NOT PAID WITHIN TERMS STATED ON INVOICE. However, if this rate exceeds the maximum rate permitted under applicable law or regulations, the charge shall be reduced to the maximum allowable rate.
  • BASCO may, at its option, extend credit or may require that sales be made on a C.O.D. or CIA basis. If credit is extended, BASCO reserves the right to establish credit limits which may be modified from time to time at BASCO’s sole discretion.
  • If customer becomes delinquent in payment obligation or the credit or financial requirements established by BASCO or if in the opinion of BASCO, customer’s credit becomes impaired, BASCO shall exercise any or all of the following rights and remedies (in addition to any other rights and remedies provided by applicable law):
    • BASCO may declare all sums immediately due and payable, notwithstanding any credit terms previously in effect.
    • BASCO may refuse any order placed by customer.
    • BASCO may cancel any accepted orders or delay shipment of any order.
    • If credit previously has been extended by BASCO to customer, and BASCO elects to make further sales to customer, BASCO may require payment on a C.O.D. or cash advance basis.
    • In the event collection of sums due from customer to BASCO is referred to an attorney or if lawsuit is brought to collect such sums or to enforce the rights of BASCO, customer agrees to pay all costs and reasonable attorney’s fee including such costs and fees incurred in any appellate proceeding and in executing on any judgments based on applicant’s obligation.

GENERAL TERMS OF SHIPMENT

  • All continental USA orders are shipped freight collect by ground transportation from Forest Hills, NY.
  • Deliveries to customer at different locations are considered separate shipments.
  • At customer’s request, BASCO will also provide shipment of products by express shipment. Customer will be responsible for the payment of all air freight charges.
  • All shipments are ex-works.

RETURNS AND ADJUSTMENTS

  • Claims for adjustments on short shipments must be made to BASCO within 24 hours of receipt of shipment.
  • Claims for adjustments on damaged shipments must be made directly to the carrier.
  • BASCO is not responsible for defects arising during the course of normal use of the product.
  • Credits or replacements will be issued only after merchandise is inspected by BASCO or its representatives and approved by BASCO, and all authorized credits will be based on customer’s cost of the goods for which it is entitled to credit.
  • In the event of a customer claim, BASCO also reserves the right to examine all applicable merchandise and shipping records at customer’s location.

PRICE CHANGES/PRICE PROTECTION

  • BASCO shall have the right to reduce or increase prices to customer at any time, without prior notice, except with respect to orders which have been accepted prior to such price modifications.
  • BASCO does not offer price protection on any of the items.

CHANGES IN PRODUCTS AND POLICIES

  • BASCO may at any time add, change or cease making available any product without notice to customer and customer shall have no claim against BASCO for failure to furnish products of the model, design or type previously sold or for failure to install modifications in products previously sold.
  • Prior to shipment, BASCO may at any time change its warranty policies.

EXPORT CONTROL

Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.

CUSTOMER AGREES THAT IT HAS READ THE FOLLOWING AND THAT SUCH PROVISIONS HAVE BEEN EXPLICITLY NEGOTIATED AND HAVE BECOME A PART OF THE BASIS OF ITS BARGAIN WITH BASCO:

  • EXCEPT FOR THE WARRANTY OFFERED BY THE RESPECTIVE MANUFACTURERS, BASCO MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS SOLD BY BASCO TO CUSTOMER
  • BASCO’s liability to customer, if any, for any allegedly defective product, shall, under any legal or equitable theory, be limited to replacement of such product or credit therefore, as more specifically described above under the heading “Returns and Adjustments”, and in no event shall BASCO be liable to customer for loss of profits or loss of use or for any other damages, whether incidental, consequential, special or otherwise.

CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL

We will make every effort to perform our obligations. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
BASCO Inc., 118-21 Queens Boulevard, Suite 508, Forest Hills, NY 11375