- Terms and Conditions
Terms and Conditions
All orders are subject to acceptance of these terms and conditions of sale, regardless of the form in which an order is submitted. The buyer's acceptance of any quotation, or a buyer's instructions for Premier Carts to perform on an order will be considered an acceptance of these terms and conditions. Premier Carts performance on an order shall not be considered acceptance of any counter offer or terms provided by the buyer. Premier Carts will not be bound by, hereby objects to, and rejects, any additional provisions or any provision that is at variance with these terms and conditions. All orders shall be governed under the laws of the state of Kansas and the exclusive venue shall be a court of competent jurisdiction located in the state of Kansas.
All delivery times or shipment dates are estimates only. Under no circumstance shall Premier Carts be responsible for non-performance caused in whole or in part by circumstances beyond the control of Premier Carts, including, but not limited to, the non-performance of a manufacturer of a product sold by Premier Carts. Product specifications, color options, minimum quantities and custom options are subject to change by the manufacturer. The manufacturers reserve the right to change specifications, designs, and may even cease to manufacture certain products without notice. All price quotes are good for a maximum of 30 days. Premier Carts does not provide long term pricing contracts. Please refer to our web site for the most current product information and pricing.
Premier Carts does not provide any additional warranty or guarantee beyond what the manufacturer of the item provides. The manufacturer's warranty information can be found on the individual product pages on our web site in the "Product Details" area.
The manufacturer's warranty is limited to the material and workmanship of the item, conditional to normal use, for the items intended purpose, for the period stated.
No claim arising shall exceed or be greater than the original purchase price of the product.
Used and reconditioned carts, factory excess items and some items may not include any warranty or guarantee.
Damages incurred during shipment are not included in this limited warranty.
If you believe you have a warranty related issue, please contact us immediately and be prepared to send or e-mail photographs to help us document and report the issue to the manufacturer. Please refer to each item's product page for specific warranty information.
The majority of the items that Premier Carts sells will be shipping directly from the manufacturer to the buyer. The individual product pages on our web site will indicate in the "Product Details" area if an item ships via LTL truck carriers or if the item can ship by a parcel carrier. In some cases, volume orders for items that ship individually by parcel carriers may ship by LTL truck carriers to save on shipping charges. The policies below differ slightly depending on the shipment method required for an order. Commercial truck deliveries are very different from standard parcel deliveries and need to be received in a proper manner. The manufacturers we deal with have been in business for decades and know how to package and load their items for truck shipments. Premier Carts uses large reputable national freight carriers for our freight deliveries. The vast majority of shipments will not have any issues, but the nature of large items and truck deliveries is that occasionally there will be issues. PLEASE INSPECT ALL DELIVERIES AND DO NOT ACCEPT DAMAGED ITEMS.
Freight Shipments - Truckload, LTL (Less than Truckload)
Shipments are made F.O.B. shipping point. Receiving truck and LTL freight shipments correctly is very important. The buyer is responsible for inspecting all deliveries for signs of damage when the shipment is delivered. If there are signs of damage it is the buyers responsibility to unpack, inspect and declaring any damages on the delivery receipt while the delivery carrier is still present. Premier Carts can not file a freight claim if there is no indication of damages, shortages or other issues marked on the delivery receipt. If you detect damage to any items at the time of delivery that you are not willing to accept, we recommend that you note the number of damaged items and the extent of damage clearly on the delivery receipt, receive and keep any items that are not damaged and refuse delivery of any damaged items. The freight carriers do not automatically contact us if there is a delivery issue. It is the buyers responsibility to receive all deliveries in a business-like manner, document the extent of any damage (emailing photos is the best method), and contact us to help you resolve any delivery and claim issues. Our normal policy when Premier Carts is filing a a claim, is to issue a credit to the buyer for the costs associated with the damaged items. We do not automatically re-order and ship out replacement items.
If any concealed damage is discovered after receipt of a shipment, it is the buyers responsibility to notify the delivering carrier, request an inspection, document the extent of the damage, and to file a claim with the delivering carrier. The claim is between the buyer (consignee) and the delivery carrier and all reimbursements will be between the the buyer (consignee) and the freight carrier. Premier Carts can not file a freight claim if there is no indication of damages, shortages or other issues marked on the delivery receipt. Premier Carts can assist in helping to file a freight claim, but it is the buyers responsibility to file the claim with the delivery carrier. If the buyer decides to re-order and ship any replacement items because of freight damage discovered after receipt of a shipment, it is the buyers responsibility to pay for these replacement items. Please know that reimbursements of claims from freight carriers can take several months.
Parcel Shipments - UPS, FedEx
Shipments are made F.O.B. shipping point. The buyer should inspect all deliveries for signs of damage at the time of receipt and if possible note any evidence of damage to boxes at the time of delivery. If any concealed damage is discovered after receipt of a shipment, it is the buyer's responsibility to document the damage (emailing photos is the best method), and report the issue to Premier Carts within three business days of receipt. The parcel carriers' do not automatically contact us if there is a delivery issue. The buyer is responsible to send or e-mail an explanation of the problem along with photographs to help us understand the issue and to assist us in reporting the issue to the shipper / manufacturer. Parcel shipments made by UPS or FedEx normally require that the shipper / manufacturer be the party that files the claim.
Freight Collect / Third Party
On occasion we get requests to ship items using the buyer's freight account and selected freight carrier. We try to honor these requests, but we can not always guarantee that the manufacturer will always execute the shipment request properly. In order to best execute this type of request, we will need to know the freight carrier and full billing terms at the time the order is placed, not when the order is ready to ship. The manufacturers generate their own bills of lading, so we can not use third party created bill of ladings. Our manufacturers' do charge a $25.00 per pallet charge for securing carts onto a pallet for shipment. This pallet fee is automatically included in our freight quotes, but will be charged to the buyer if the buyer is selecting their own freight carrier. Shipments are made F.O.B. shipping point. The buyer assumes all responsibility for these type of shipments. Premier Carts can not file a claim for these types of shipments because our company is not a party on the bill of lading.
All prices are in US Dollars. The standard terms for new customers is pre-payment at the time the order is placed. Premier Carts accepts MasterCard, Visa, American Express, Discover, ACH/echeck, and check payments. Premier Carts currently only collects and remits sales tax for the state of Kansas. Buyers outside of Kansas are responsible for all federal, provincial, state or local excise, sales, use, and value added taxes. The buyer is also responsible for any customs, duties or other fees associated with export.
Premier Carts may extend a credit account to a buyer once the buyer has established a pattern of regular orders. A credit account terms sheet must be submitted along with standard credit information. Credit account payment terms are net thirty (30) days maximum and a $25 late fee will post on day 31. Credit accounts are for check payments, credit card payments will incur merchant service charges. Buyer’s with no recent transaction history with Premier Carts, may require a 50 percent deposit at the time of order. In the event of a late payment or a payment default, Premier Carts will charge a fee equal to 1.5% per month or the highest rate permitted by applicable law, which ever is less. The buyer agrees to pay Premier Carts reasonable costs of collection, including, without limitations, Premier Carts' reasonable attorneys' fees.
All returns must be authorized. Do not send any items back until you have called our toll-free number (888) 836-2278 or direct line at (913) 345-1427 and have authorization and instructions of where and how the item should be returned. The buyer may also request a return through our contact us page or by email. The request must include the customer name, address, original Quotation or Invoice number, quantity, item number or description, and the reason for the return. Return shipments must be prepaid by the customer and made within 30 days of the original shipment. Premier Carts does not give credit for shipping charges. Returned items are subject to a 25% return charge. Return charges can be more based on the item, condition and reason for the return.