Terms and Conditions of Sale
All orders, contracts, and agreements are subject to the acceptance and acknowledgement by Lozier at its corporate headquarters in Omaha, NE. Lozier may reject any order. Customer must submit a valid purchase order prior to acceptance by Lozier. The terms and conditions set forth below supersede any provision contained in any order, confirmation, or other document of the Customer, and the rights and obligations of the parties are governed exclusively by the terms and conditions herein. Lozier’s acceptance of Customer’s purchase order is expressly conditioned upon Lozier’s written consent to any different or additional terms, and Lozier objects to any such additional or different terms proposed by Customer.
All prices are subject to change without notice. Due to significant fluctuations in raw material prices, all prices listed herein and quoted are subject to quarterly surcharges as needed for raw materials pricing escalation. Lozier will provide notice at least 45 days prior to the new/revised surcharge rates. The surcharge rate is based on the date Lozier received the purchase order and will be held for that quarter and two additional quarters; if a purchase order remains unshipped after these two additional quarters, the purchase order must be adjusted to the most current surcharge rate. Prices are exclusive of all taxes and freight charges. When applicable, taxes and/or freight will be added to the invoice as a separate line item. If any tariffs are imposed by government agencies, such tariffs will be charged to the Customer. All prices are for payment in US dollars by ACH or wire transfer.
The Customer will receive acknowledgement of his/her order, showing prevailing prices at the time the order is processed. All quotations automatically expire at the end of 30 days (unless specified otherwise) and are subject to termination by notice within that period.
Terms of Payment
One of the following terms or combination thereof can be used to pay for an order:
- Mastercard, Visa, American Express – Net 5, date of shipment
- Net 30, date of shipment (requires credit approval). It is our policy to extend Net credit terms to qualified applicants only. These terms may be withdrawn at any time.
Customer shall notify Lozier in writing of any dispute with any invoice within 15 days from the date of such invoice. Customer shall be obligated to pay all due and undisputed amount within 30 days of the date of invoice. Both parties shall seek to resolve any disputes expeditiously and in good faith. If such dispute continues for more than 30 days, Lozier may suspend performance without penalty until such dispute is resolved.
Lozier may assess and Customer is obligated to pay a monthly interest charge of 1 percent on all overdue balances. Payments will be credited first to accrued interest charges and next to the unpaid balance. Customer shall be responsible to pay Lozier any collection or legal fees, including but not limited to attorneys’ fees and costs which Lozier incurs as a result of Customer’s late payments and/or default in its payment obligations owed to Lozier. In addition to all other remedies available at law, if Customer fails to pay any amounts when due, Lozier may suspend the delivery of any fixtures, reject Customer’s purchase orders, or cancel accepted purchase orders.
Lozier shall not be liable for any delay in the performance of any order or contract or in the delivery of any goods, or for any damages resulting from such delay, when such delay is directly or indirectly caused by or due to fire, flood, accident, riot, act of God, war, epidemic or pandemic, governmental decree or order, strike, labor difficulties, shortage of labor, fuel, power, material or supplies, transportation delay or any other delay or causes (whether or not similar to any of those herein before specified) beyond Lozier’s reasonable control.
Changes and Cancellations
Customer requested changes and cancellations are subject to approval by Lozier. Such changes and cancellations can be requested up to twenty (20) business days prior to ship date and may result in a revised ship date. Customer is liable for direct costs incurred specific to the changed or cancelled items on Customer’s order.
Within twenty (20) business days of the ship date, no order changes or ship date changes can be accommodated. Ship-to location changes may be requested up to five (5) business days of the ship date.
Freight is FOB Lozier facility. Title and risk of loss to the fixtures pass to Customer at the FOB point. Method and route of shipment are at Lozier’s discretion unless Lozier is furnished with complete shipping instructions at least ten (10) days before the scheduled shipping date. Customer shall be responsible for the payment of all shipping and handling fees. This shipping and handling fee will be determined by estimation at the time of shipment. Such estimated charge will be shown as a separate line item on the invoice. If product is shipped outside of the United States, Customer shall be the importer of record and is responsible for all taxes, duties, tariffs, and any other charges for shipment outside the United States. Ship dates represent Lozier’s best estimate based on current supply chain challenges and capacity constraints. Lozier is not responsible for delays in delivery caused by vendor/supplier delays beyond Lozier’s reasonable control.
Freight Claims and Losses
When Lozier arranges the freight for Customer’s order, it is Customer’s responsibility to inspect product as it is received for damages or missing items. If the product is damaged or the delivery is missing product, Customer must sign for the shipment as ‘damaged’ or ‘short’ in order to file a freight claim. Customer must count the freight at the time of delivery and note the number of pieces that are damaged on the carrier’s receipt. Do not refuse the order; orders must be accepted in order to file a freight claim. Salvage must be held for the carrier. If these steps are not followed, Lozier cannot file a successful freight claim and Customer will be responsible for the expense of replacements. Photos of damages (and related documentation) must be sent to Lozier within 5 days from delivery. If the order is an export order, depending on the incoterms, the Customer may be responsible for filing the freight claim.
Returned Goods requests must be submitted to Lozier within 60 days after receipt of product. Authorization requires written approval from Lozier before return. Only stock products will be considered for return and only items in original and unbroken packaging will be accepted. A handling and restocking charge of 25% of the invoice price will be charged for all approved returns. Customer is responsible for arranging and paying for the returned freight. Submit requests to your Lozier Sales Representative.
Lozier warrants to the original purchaser that all products manufactured by Lozier are free from defects in material and workmanship. Lozier’s obligation under this warranty is limited to repairing or replacing at our plant any part or parts which shall, within one (1) year after delivery to the original purchaser, be demonstrated to be thus defective under normal use or service in climate controlled environments. SELLER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND BUYER’S SOLE REMEDY IS LIMITED TO THE PROVISIONS CONTAINED HEREIN. No modification of this warranty shall be valid or binding unless in writing and signed by an officer of Lozier. This warranty is void if products alleged to be defective have been: (i) misused, overloaded, modified, improperly installed or used in a manner other than the intended purpose or application, (ii) altered or repaired without Lozier’s written consent, (iii) stored improperly or damaged after shipment, (iv) exposed to high humidity or other corrosive environments, or (v) not promptly reported to Lozier.
Limitation of Liability
Notwithstanding any other provisions of any other agreement or in any other document, under no circumstances is either party nor any of their affiliates, officers, directors, or employees liable to the other party for any indirect, incidental or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, lost revenue and lost opportunity) arising out of any of the terms or conditions of an agreement , the sale of fixtures or with respect to its performance hereunder. The foregoing limitation of liability and exclusion of damages applies even if a party had or should have had knowledge, actual or constructive, of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, and notwithstanding any failure of essential purpose of any limited remedy herein. Lozier’s total liability, including but not limited to liability for indemnity, defense, and hold harmless obligations is limited to no more than five hundred thousand dollars ($500,000).
Intellectual Property Ownership
Customer acknowledges and agrees that except to the extent provided in a separate written agreement between Lozier and customer, Lozier will retain all intellectual property rights of any kind used to design, manufacture, sell or otherwise relating to the fixtures and any of their component parts. Any and all intellectual property rights in the fixtures and any of their component parts are the sole and exclusive property of Lozier.
All tooling used to manufacture the fixtures is owned by Lozier. Customer has no right, title, or interest in or to any of Lozier’s tooling.
All sales shall be governed by the laws of the State of Nebraska without regard to its provisions on conflicts of law. The parties hereby agree to the exclusive jurisdiction of and that the venue for litigation related in any way to this sale shall be in Douglas County, Nebraska, where this sale is deemed by the parties to have been entered and performable.
Terms and Conditions of Lozier Website
Lozier Corporation Terms and Conditions for Use of Website
The rules and regulations in these Terms and Conditions apply to all visitors or users of this Site. The terms “we”, “us” or “our” shall refer to Lozier Corporation (“Lozier”). The terms “you”, “your”, or “User” shall refer to the individual or entity who accepts these Terms and Conditions. Lozier operates www.Lozier.com (the “Site”) to provide online access to information about Lozier and the products, services, and opportunities we provide. By using the Site you agree to these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Site.
Lozier may change these Terms and Conditions at any time. Your continued use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms and Conditions regularly.
Restrictions on Use
Lozier owns or licenses all material included on the Site (the “Content”) such as text, graphics, logos, images, photographs, audio/video files, digital downloads and software. The Content is copy righted and/or trademarked and protected by U.S. copyright law. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Lozier’s intellectual property rights.
You may download, print, distribute and use pages from the Site for your own informational purposes or as related to your commercial dealings with Lozier. Any copies of documents or pages from the Site must not alter the original Site content and must include the Lozier copyright notice.
The Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User’s own risk and Lozier is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Lozier provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
You may link to this Site provided that the link does not falsely imply or suggest that Lozier has endorsed or is affiliated with the linked Site. (Lozier approved Stocking Distributors are welcome to link to the Lozier Site.)
Users of the Site must not:
1. Attempt to circumvent the security systems of the Site or attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Lozier server.
- Attempt or use the Site in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or Lozier’s published policies.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Use the Site in a manner that is abusive of Lozier programs, other users’ access to the Site, or other information on the Site.
You agree that your access and use of the Site shall not violate the restrictions set forth in these Terms and Conditions, as it may be amended from time to time. You agree that your use of the Site shall comply with all applicable law at all times.
Access to certain areas of this Site is restricted. Lozier reserves the right to restrict access to other areas of this Site, or indeed this entire Site, at Lozier’s discretion. If Lozier provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.
Where you have created an account in the Site, you confirm that the account information you have provided is truthful and accurate. You must keep your account password and information confidential and not share it with any other person. If you lose your password or become aware of access to your account other than by you, you agree to notify Lozier immediately. If you become aware of or should reasonably know about use of your password or account by any person other than you, and if you do not notify Lozier immediately of such use, you will be responsible for any and all liability incurred by Lozier or any other user of this Site due to unauthorized use. If Lozier believes that your account has been compromised, Lozier may require you to update your password. Further, Lozier may suspend or limit the use of your account. In the event Lozier reasonably believes that your actions affect other users or third parties, Lozier may warn such other users or third parties. Lozier may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Lozier or other third parties. Users are not permitted to use these Marks without the prior written consent of Lozier or such third party which may own the Mark. Lozier is a registered trademark of Lozier and/or its affiliates.
Links to Other Websites
Links on the Site to third party websites or information are provided solely as a convenience to you. Lozier does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.
Although Lozier has attempted to provide accurate information on the Site, Lozier assumes no responsibility for the accuracy of the information. Lozier may change the services, programs or products mentioned at any time without notice. Mention of non-Lozier products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THIS SITE IS PROVIDED BY LOZIER ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. LOZIERMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOUEXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. LOZIER DOES NOT WARRANTTHAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS.
Limitation of Liability
Neither Lozier, any of its affiliates, directors, officers and employees, nor its suppliers shall be liable for any INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUTLIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TODATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Lozier PRODUCT, DAMAGESRESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Lozier OR ITSSUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User’s access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Lozier makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited.
These Terms and Conditions shall be construed by the laws of the State of Nebraska, without regard to its choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Douglas County, Nebraska shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and Conditions and you irrevocably submit to the jurisdiction of such courts.
These Terms and Conditions constitute the entire agreement between you and Lozier with respect to this Site and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms and Conditions. If any term, provision, covenant or restriction of these Terms and Conditions is held by a court of competent jurisdiction or other authority to be in valid, void, unenforceable or against public policy, the remainder of these Terms and Conditions shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.