Sales Orders - Terms of Use

Quality Policy:
Jergens takes great pride in creating value for its customers by providing service and products which exceed expectations. Consistent quality is paramount to us so we are a registered ISO 9001: 2015 manufacturer and our Center and Side Pull Hoist Rings are CE Certified. If a problem arises with any of our products, please contact our Customer Service Team for assistance.

Engineering Changes:
Jergens is committed to Continuous Improvement so specification and engineering data may change without notice. We recommend that you download the most current drawing from our website www.jergensinc.com or contact a Jergens Customer Service member at 800-537-4367, to verify dimensions and/or specifications of the product you are interested in before you make a purchase.

Certifications:

• Jergens can provide certifications such as C of C, DFARS, RoHS, MIL-SPEC, and PPAP.
• The request for certifications must be listed on customer’s purchase order at receipt of order.
• Additional fees may apply.
• Certification Packages & Costs.

Quotations:

• Stenographical and clerical errors subject to correction. Until an order is accepted by Seller, quoted prices are subject to change without notice. All quotations, unless otherwise stated, are for immediate acceptance. All orders and contracts subject to acceptance at Seller's home office. The price, or prices, shown on the face of this quotation are subject to acceptance within 30 days from date.
• We do not anticipate difficulty, but should it arise, our quotation must be contingent upon strikes, accidents, delays of carriers, traffic regulations, or other causes of delay beyond our control.
• Our quotation is based on prevailing costs of labor and material, but does not include Federal, State, or Municipal taxes.

Quantities:
All quotations are based on Buyer accepting over-run or under-run on each individual item not exceeding 10% of quantities ordered. Where closer control of quantity is required special arrangements must be made. All Special Orders may be over-shipped by not more than 10%.

Small Orders:
In order for us to continue providing the highest quality product at reasonable prices we require a minimum order value of $50.00 net (not including freight and handling charges). Orders less than $50.00 will be processed with a nominal small order charge of $10.00.

Special Order Items:
Jergens is happy to offer modified versions of standard items, or special manufactured items within the following parameters:

• Minimum production run quantities may be required.Special order products will require some form of specification approval (i.e. signed drawing) prior to the start of production.
  • Production run quantities may vary by +/-10%.
  • Exact quantities of special items may incur an additional fee.
• Special Orders cannot be cancelled or returned once Jergens receives production approval.
• Standard pricing discounts do not apply to special items.
• All special items are subject to a pricing review prior to the acceptance of orders/re-orders.
• Special item delivery lead time must be confirmed with Jergens upon receipt of order.
• Deposit may be required.

Cancellation:
Orders may be canceled or deliveries deferred only upon the condition that the Buyer assumes immediate liability and makes payment to the seller for all work completed at the unit price; work in process on the basis of the percentage of completion thereof times the order unit price; raw material, unamortized tooling, engineering and other cancellation charges incurred on the basis of cost to the Seller, plus handling and overhead charges. All cancellation charges to be determined at the time of cancellation or deferment.

Returns / Warranty Issues:
Returns are processed through our Customer Service Team with a Jergens Returned Material Authorization (RMA) form. Contact a Jergens Customer Service member at 800-537-4367 to obtain authorization, as returns will not be accepted without prior submission of the RMA.

The following conditions will apply to all returns:

• Only standard stock items, unused, in the original packaging, and in salable condition are eligible. Special products (including large quantities of standard items) are non-returnable, as well as those purchased on a blanket order or purchase agreement (special conditions may apply).
• All returns will be inspected. Any items received in a non-salable condition will be returned collect or disposed of at the customer’s discretion.
• A returned product must have been purchased within the past twelve months.
• All returns are subject to a 20% re-stocking fee with a $50 minimum.
• If a product is being returned due to an error made by Jergens, we will process it free of charge and immediately provide a replacement.

Freight:
All items are FOB Shipping Point. In ordering the Buyer should state explicitly the method of shipment preferred, and in the absence of shipping direction, the Seller will use discretion, forwarding by express or parcel post when packages are small and therefore liable to be lost in transit by freight. Parcel post shipment will be insured at Buyer's expense unless otherwise specified.

Payment Terms:

• Net 30- or 1% 10, Net 30 for Preferred Accounts. Discount may be deducted if payment is made within 10 days.   Payments may be made via credit card, cash, check, or wire transfer. (Early payment discounts do not apply to credit card payments).

Credit:
Accounts will be opened only with firms or individuals on approved credit. The Seller reserves the privilege of declining to make deliveries except for cash whenever, for any reason, doubt as to the Buyer's responsibility develops.

Claims:
If the Buyer claims delivery of material not as ordered he must notify Seller within ten (10) days after receipt of shipment. No returns will be accepted after this period. If such claim is sustained and material furnished is not as ordered, Jergens Inc. shall have option to repair, replace, credit or complete orders within the limitation of No. 5-Quantities. Under no circumstances will the Seller be liable for damages or claims for expense involved in using his product. Seller will not allow claims for defective goods on these parts further processed by the Buyer and resulting in change of either dimensions or the characteristics from parts as ordered. Claims for shortage must be made within ten (10) days from receipt of the goods.

Inspection:
Inspection by the Seller is made on a percentage basis only. If 100% inspection is required it is at Buyer's expense, and only such parts proved not as ordered by Buyer's inspection may be returned with a claim for repair, credit or replacement, as covered by No. 7-Claims and No. 5-Quantities.

Patents:
It is not the intention of the Seller to manufacture any product which is an infringement of a patented article. Parts are made by the Seller strictly to dimensional specifications furnished by the Buyer. It is agreed that the Buyer will defend and save harmless the Seller from any and all expense involved in any claims for damages from infringements of letters patent by the use of sale of parts made by the Seller, either as such or as parts or units of complete entities. Buyer does not assume responsibility for parts made on equipment violating licenses.

In line with the general practice of the industry, the fact that we find it necessary to charge for tools, dies, fixtures, or gages does not convey ownership or the right to remove them from our factory, unless specifically agreed upon in writing. The delivery date indicated is given in all sincerity and can be met at this time. Of necessity, however, it is subject to prior sale of capacity. The Seller does not assume responsibility for any damages growing out of, or owing to, any delays which are beyond his control. If partial shipments are required special arrangements must be made. All partial shipments will be invoiced and must be paid under our regular terms.

CALIFORNIA PROPOSITION 65

Proposition 65, a California state law, requires businesses to notify consumers when products contain certain chemicals. Jergens products may enter the State of California through the general stream of commerce. To ensure compliance with Proposition 65, Jergens includes warnings on its products that may include the following language:

WARNING - This product can expose you to chemicals such as chromium, which are known to the State of California to cause cancer, birth defects, or other reproductive harm. See www.P65Warnings.ca.gov/product

WARNING - Cancer, Birth Defects or other Reproductive Harm - www.P65Warnings.ca.gov.

Effective Dec. 2018, Jergens's standard terms and conditions for the sale of products shall include without limitation the following:

Any product manufactured, distributed and/or provided by Jergens and obtained or purchased by buyer ("Buyer"), whether for distribution, resale, use or otherwise, shall be labeled in compliance with California's Proposition 65 law and implementing regulations. Buyer must notify Jergens of any product without a Proposition 65 label. Upon its receipt of such notice, Jergens, in its sole discretion, will instruct Buyer to either return any or all such products to Jergens, whereupon Jergens will replace such returned products with properly-labeled products, or to retain any or all such products, in which case Jergens shall provide labels and further instructions for the labeling of such products. Buyer agrees to certify to Jergens its compliance with any and all instructions provided in accordance herewith, as required by Proposition 65 and otherwise as Jergens may reasonably request from time to time. Buyer agrees to indemnify Jergens for all claims, actions and suits arising from any actual or alleged violation of Proposition 65 relating in any way to any product provided by Jergens to Buyer.