smartBOX Terms and Conditions
Exclusive Terms
All purchase orders shall be governed by the following terms and conditions. These terms and conditions shall constitute the complete Agreement between the purchaser of the goods (herein called ‘Buyer’) and the smartBOX Group LLC. (Herein called ‘Seller’) and shall supersede all prior and contemporaneous oral and written statements of any kind whatsoever made by the parties and their representatives.
Pricing & Discounts
- Purchase orders should clearly indicate the total net amount of order.
- Account must be in good standing and have no open past due balance for purchase order to be entered.
- Special pricing on any order must reference a smartBOX Special Pricing Agreement. (SPA).
- If there are any discrepancies on purchase order, dealer will be required to “sign off” on final order detail. Signature by dealer constitutes acceptance of new purchase order amount and item details contained therein.
- Seller has the right to change, without notice, any prices and/or specifications contained in its catalogs, website or any other communications that does not expressly prohibit such change.
Order Submission
Orders should be emailed to smartBOX Customer Service.
- Email: [email protected]
Order Changes & Cancellations
smartBOX understands that changes may occasionally be required on orders; however, all smartBOX products for each order are custom manufactured, changes and cancellation costs will be assessed based on the following schedule. Review all acknowledgments thoroughly. All dates below are from time of acknowledgment.
- No fee for orders changed or canceled within two days (48 hours).`
- A fee of 50% of the net pretax total of affected product if order is changed
or canceled after two days (48 hours).
- A fee of 100% of the net pretax total of all products on Rush Orders or orders with custom product if changed or canceled after 48 hours.
All non-standard product modifications are considered custom.
Payment Terms
A signed purchase order is required for all orders, unless otherwise authorized by smartBOX management. All first-time orders require a 50% deposit. With approved credit, all balances are due within 30 days of invoice date.
Rush Orders
For orders requiring less than the current acknowledged lead-time, smartBOX will determine the ability to meet the requested lead-time and discuss with the dealer if the request can be accommodated.
Credit
Three trade references (including bank and account number) are required. All accounts with balances beyond 30 days of invoice date will be put on credit hold until the balance is paid in full.
Order Acknowledgments
Every order shall be acknowledged via e-mail. Dealer must sign the acknowledgment and return to Customer Service within 48 hours. Orders will be manufactured and invoiced based exactly upon the information on the acknowledgment. If there is any discrepancy, please notify smartBOX immediately.
Orders are accepted by smartBOX per terms on the acknowledgment.
All acknowledgments contain a four (4) day window estimated shipping date.
Sales Tax
The smartBOX Company LLC, is registered to collect sales taxes in multiple states. In this case we are required by law to collect and remit sales tax to the states in which we are registered. A valid resale license must be provided for sales taxes not to be levied.
Freight Policy
FOB origin, freight pre-paid. Delivery includes standard Monday through Friday 7am to 5pm deliveries.
If you do not want the merchandise earlier than the specified date, please advise smartBOX customer service: “Do not ship for arrival before [Enter Date] on your purchase order and confirm this information is correct on your acknowledgment.
Tracking Shipments
You will receive an email confirmation after your order has shipped that includes: carrier, contact information and shipping reference number. smartBOX strongly encourages you to contact the carrier in order to track your shipments closely for an estimated delivery date.
Guaranteed Deliveries
smartBOX will arrange requests for delivery times and for drop-shipments to job sites on full truckload shipments. smartBOX is not able to guarantee specific delivery times for any less than truckload (LTL) shipments. Please contact smartBOX Customer Service if you require delivery on a specific day during standard business hours and for a non- rushed shipment. We offer a guaranteed two-hour window receipt on full truckload shipments. There will be applicable fee’s which will be determined at time of quoting shipment. Your CSR must be notified a week prior to your ship date otherwise additional fees may apply. After- hours, holiday and weekend shipments may be arranged for an additional charge on full or partial truckload shipments. Please contact smartBOX Customer Service for those rates.
Please note that in the case of a missed guaranteed shipment the carrier is only liable for that additional charge, not for labor or other damages.
Call Before Deliveries
You may arrange a delivery with the carrier by noting “Call Before Delivery” on your order, this may delay receipt of the product until contact with the receiver has been made. You cannot add a call before delivery on a truckload shipment if you also have a guaranteed delivery arranged. Please note that call before deliveries are estimates only and should not be used when shipping direct to a job site.
smartBOX is not responsible for any damages incurred for any late deliveries, including labor or any other charges resulting from unforeseen delays by any smartBOX, or dealer chosen carrier.
Consolidating Orders
The smartBOX Group acknowledges orders with a four (4) day ship date range. We are committed to shipping your products within that acknowledged range. LTL shipments may be combined and consolidated to create a full truckload shipment. Full truckload shipments have less variable transit times as well as significantly less freight damage. Our goal is always to provide you with the best possible delivery rates and service.
Please note:
Dealer may incur additional carrier Accessorial Fees if not specified and quoted at the time of order for the following, which may include but are not limited to the below. Request for a lift gate must be noted on the Purchase Order. There is a flat fee of $175 for a lift gate at time of order entry. If you notify smartBOX or our carrier that you require a lift gate after order has shipped, additional fees will apply.
Note, redirect of shipment after order ships may incur a $175 fee.
Freight Claims
smartBOX will file freight claims for loss or damage if policy is followed. In order to make this policy maintainable, certain requirement must be met by the consignee in accordance with freight laws and carrier policies.
These requirements are as follows:
All damage or lost freight must be reported to customer service representative within 72 hours of receipt. In the case of obvious damage, it must be noted in detail on delivery receipt (i.e., scratched surfaces, dented cartons, missing pieces). BOL should be signed as damaged as well.
- If missing or damaged freight is discovered after receipt is completed, consignee must notify Carrier or smartBOX within 72 hours and request a corrected delivery receipt acknowledging loss or damage.
- A detailed list of missing or damaged pieces is required in order to assess the value of the claim. Upon receipt of this information, smartBOX will contact the carrier and request an inspection or waiver thereof.
Failure to adhere to these policies and procedures will result in claim responsibility shifting from smartBOX to the consignee
- No loading dock
- Redirect of product
- Refusal of product
- Storage
- Special truck size (Standard is 53” trailer)
- Detention charges after 2 hours of unload time for TL and 30 minutes for LTL
- Street unloads
- Lift gate requirement
In the case of concealed damage, smartBOX must be informed within 10 days of receipt of product. All damaged product and packaging must be preserved as received pending an inspection or waiver of inspection by the carrier. All product that has a claim pending against it must be available for carriers to salvage once the claim is paid. (Including additional expenses incurred in using existing facilities).
The remedies set forth herein are exclusive, and the liability of Seller with respect to any contract or anything done in connection therewith, such as the performance or breach thereof, or from the manufacture, sale, delivery, resale or use of any Product covered by or furnished under the order, whether in contract, in tort (including negligence and/ or strict liability) or otherwise shall not exceed the price of the Product or part on which such liability is based.
Photos
It is highly encouraged that digital photos are taken of any suspected freight damage.
Photographic evidence substantiating claims should be provided electronically to customer service at smartBOX. With concealed damage, photos are required in original packaging, not installed, to have punch processed at higher than 75% discount. If there are no photos or product is installed, smartBOX will offer a maximum 75% highest allowable discount on replacement product.
Any failure to adhere to these following policies and procedures will result in claim responsibility shifting from the smartBOX Group LLC to the consignee.
Liability
Seller, its contractors, authorized dealers and subcontractors or suppliers of any tier shall not be liable in contract, in tort (including negligence and/or strict liability) or otherwise for any special, indirect, incidental, or consequential damages whatsoever, including, without limitations, damages or loss of other property or equipment, loss of profits or revenue or loss of use of equipment
Deductions
Deductions from invoices are not allowed, for any reason, without authorization.
Delay of Shipment
Acceptance of smartBOX acknowledgment by signature confirms order ship date.
If dealer requests delay of shipment for any period greater than 10 days from scheduled ship date, storage fees may be assessed. Dealer should submit purchase order for estimated storage costs.
Local Codes
Seller considers its product to be office furniture and subject to all applicable local electrical and building codes. Since local codes may vary, the purchaser is responsible for the proper application and installation of smartBOX product in accordance with the requirements of these local codes. Seller shall not be responsible for any damages or expenses resulting from purchaser’s specifications not conforming to the requirements of the law or local building codes unless it specifically agrees in writing to do so. Since Seller has no control over the use to which others may put its products, each user or specifier should determine the products’ suitability for the particular application.