Terms and Conditions

 

PRICE QUOTES

For a current price quotation, please contact your McConkey sales representative or customer service representative. All quotations are subject to change regardless of expiration date. Prices are F.O.B. your McConkey warehouse or F.O.B. the factory. Prices at time of shipment will prevail.

 

PAYMENT TERMS

Payment terms are stated on your invoice and shall be paid within the terms unless otherwise specified in writing by McConkey Co. Discounts may be offered on certain products in certain situations and will be specified on the invoice. Any discounts if offered, are only available on invoices paid and received by McConkey Co within the specified terms. Buyer is responsible for mail time. Standard terms with prior approval of credit are Net 30 for grower supplies. Certain types of equipment or items shipping out of the US or Canada may be subject to different terms. A finance charge of 1.5% per month, 18% annually, or the maximum rate allowable for your area ($2.00 minimum) will be added automatically to those accounts past due. Finance charges are due and payable upon receipt.

 

 

Accounts may be placed on C.O.D. status until past due balances (including finance charges) are paid and a credit line is reestablished. In the event McConkey Co. employs an attorney and/or collection agency to collect any past due account, customers shall pay any and all reasonable attorney fees and/or other collections costs incurred.

 

CREDIT CARDS

Visa, MasterCard,American Express, and Discover are acceptable payments at time of purchase. Credit card payments will not be allowed any additional discounts. Credit cards will not be accepted to pay off charges that have been incurred on an open account after an invoice has been generated. Another optional method of payment is wire transfer.

 

RETURNED CHECKS

A fee will be charged on all checks returned for non-payment. The fee will be the maximum allowed by the law up to $40.00.

 

INVOICES/STATEMENTS

Product will be invoiced on the date product is shipped from McConkey, when delivery information is received from a manufacturer shipping direct, or when products and/or parts are delivered to the carrier for shipment. If the Purchaser requests a delay in shipment, McConkey Co., at its sole discretion, may elect to invoice on the date McConkey Co. was prepared to ship. Statements are normally mailed monthly to accounts. Statements are reminders of open invoices and do not grant additional time to remit payments. Missing invoices or problems should be directed to our Sumner location for copies and resolutions. All of these documents may be mailed, faxed, or emailed. Please contact the credit department at 1-800-426-8124 to request copies or to resolve issues. Each month, we mail out hundreds of statements and invoices to our customers. Go green and help us conserve paper by choosing to receive your monthly invoices and statements via email. Sign up for emailed statements at www.mcconkeyco.com/email.

 

SALES TAX

Appropriate state sales tax will be charged on all items delivered to California or Washington State unless we have a valid California Resellers Permit Number and a fully completed, signed California Resale Certificate; or a valid Washington State Resellers Permit, and are notified in advance that the purchase is for resale. In compliance with the law, we must charge sales tax on all items which states designate as always taxable, even when you provide a valid resale certificate. Should McConkey not collect tax for an item which is taxable in California or Washington State or is taxable in your city, county, and/or state, it will be the responsibility of the customer to forward the required sales tax directly to the responsible agency.

 

SPECIAL ORDERS

A signed acknowledgement is required on all special orders (non-stock or custom-made products). A deposit or pre-payment may also be required, particularly on special orders shipped directly from the factory, and a special handling fee may apply on small orders. A no-return policy takes effect as soon as the order is produced (for custom orders) or shipped. Prior to that, a cancellation charge may apply.

 

RECOMMENDATIONS

Any recommendations or suggestions made by us are from established horticultural sources, but McConkey is not responsible for any reliance on said recommendations. The customer should consult with recognized horticultural experts.

 

SHIPPING INFORMATION

We have the facilities to ship your orders by the most common methods: via McConkey’s truck fleet, UPS, and Fed Ex. We reserve the right to ship by the most economical carrier. If you require special shipping instructions, please specify so at the time you place your order. We cannot ship to P.O. boxes. We cannot ship all materials via FedEx or UPS. Such items are marked as "Truck Delivery Only." When your order contains one of these items, the entire order must be shipped on the truck.

 

WILL CALL ORDERS FOR PICKUP

You can pick up your order in person at our Sumner, WA location. Please allow at least 1 business day for us to process your order.

 

DIRECT SHIP ORDERS

Customers who wish to place their orders for a Direct Shipment from an approved vendor and pay via credit card must make an immediate deposit on their credit card for the merchandise total. Their credit card will be then be charged a second time for shipping charges (if applicable) after the vendor has shipped their order.

 

COMMON CARRIER SHIPMENTS

Merchandise shipped via common carrier is FOB the shipping point. We reserve the right to select the most reliable carriers from our warehouses. Usual and customary shipping and handling fees will be added.

 

DAMAGES/ SHORTAGES/CLAIMS

When your order is picked up by the carrier, the material becomes your property. The carrier’s signature on the bill of lading is their acknowledgement of receipt of your property from us in good condition. Safe and damage-free delivery of your property is the responsibility of the freight carrier. Please examine your shipment carefully before you sign for it. Any damage or shortage must be noted on the freight bill at the time of receipt. Make sure the driver also signs the freight bill after the notations have been made. This is for your protection and recourse in the claim filing process, and if not done correctly, could jeopardize your ability to recover any loss. Should you have any shortage, please let us know right away so we can verify the error. The carrier’s agent (driver) can help you get started on the claim process. Please also advise McConkey of the situation, and where possible we will assist you with your claim. If you later discover any concealed damage or shortage, leave the material and packaging as is and notify the carrier immediately. Claims for damaged or lost material and transportation charges must not be deducted from our invoice, and payment of our invoice must not be withheld awaiting adjustments of such claims, since it is the function of the carrier to guarantee safe, damage free delivery.

 

NO WARRANTIES BY McCONKEY

McCONKEY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO McCONKEY.  McCONKEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES CAUSED BY ANY DEFECT IN THE PRODUCT.  BUYER’S SOLE REMEDY AGAINST McCONKEY SHALL BE LIMITED TO BUYER’S PROMPT RETURN OF ANY NON-CONFORMING OR DEFECTIVE GOODS AND, AT McCONKEY’S SOLE DISCRETION, EITHER REPLACEMENT OF THOSE GOODS WITH THE SAME GOODS OR GOODS OF EQUAL QUALITY AS THE PURCHASED GOODS OR CREDIT FOR THE ORIGINAL PURCHASE PRICE. Some states do not allow the exclusion or limitation of incidental or consequential damages so this limitation or exclusion may not apply to you.

Because of varied interpretations of standards at the local level, Seller cannot warrant that the property meets the requirements of the Occupational Safety and Health Act (OSHA) or of any local Acts or codes that may apply.  In the event of litigation through the courts arising from any purchase, the Buyer consents to and submits to the exclusive jurisdiction and venue of the courts of Pierce County, WA.  Mail and phone orders accepted are subject to these terms, and the Buyer, in acceptance of the shipment, agrees to them.

 

RETURNS

Please call in to return an item. Merchandise may not be returned without prior authorization, and must be accompanied by a Returned Goods Authorization (RGA) number obtained from McConkey’s office, together with the original McConkey invoice. Stock items may be returned within 30 days if they are in the same condition as when delivered. A restocking charge of 20% will apply to all returns unless merchandise is defective or was shipped in error. Items that are special-ordered, made to customer specifications, and/or are nonstock items MAY NOT be returned for credit, due to their special nature.