P&I TERMS OF PURCHASE
We are P&I Supply Co. (“P&I Supply” or “P&I”), a company registered in the U.S. with main office located at 2220 N. Fares Ave. Evansville, IN 47711. Our primary websites are located at https://www.pisupply.com and https://order.pisupply.com. P&I maintains other web properties as well, and they will all be sub-domains under the parent domain of pisupply.com – from here on collectively referred to as “Our Sites.” Our company can be reached by using the toll-free number (800) 356-1137 or by other means shown on our contact page.
By placing an order through Our Sites, you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you acknowledge that you are an existing active customer with P&I Supply
- you have the authority to place either quotes or orders for your company
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email that confirms when the Product will be dispatched ("Order Acknowledgement"). The contract between us ("Contract") will only be formed when we send you the Order Acknowledgement.
The Contract will relate only to those Products whose dispatch we have confirmed in the Order Acknowledgement. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acknowledgement.
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Sites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Sites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may provide links on Our Sites to the websites of other companies, whether affiliated with us or not. We cannot give any guarantees against products you purchase from third party sellers through Our Sites, or from companies whose website we have provided a link to on Our Sites, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect any statutory rights which you may have against the third-party seller.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Acknowledgement or, if no delivery date is specified, then within 30 days of the date of the Order Acknowledgement, unless there are exceptional circumstances.
As a distributor, P&I relies on manufacturers, suppliers, and other partners to provide the product information that we show on Our Sites. In many cases P&I makes attempts to enhance product information by aggregating data from multiple sources. We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on Our Sites, we do not warrant that product descriptions or other content of Our Sites are accurate, complete, reliable, current, or error-free. From time to time there may be information on Our Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on Our Sites; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on Our Sites does not imply or warrant that these products will be available over the internet at any particular time.
PRICE AND PAYMENT
The prices shown on Our Sites may or may not be accurate for your use. Many prices are provided by default at “list price” which is typically not the best price we can provide for you and would not match those provided in a formal quote or Contract from P&I Supply. The final price of the products and our delivery charges will be as agreed to while reviewing formal quotes and Contracts provided by P&I Supply, except in cases of obvious error.
Our Sites contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on Our Sites may be incorrectly priced. The pricing shown on Our Sites will take into account Contract or “blanket” pricing for the logged-in user whenever and wherever possible. Otherwise pricing is generic list price and not to be considered final. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on Our Sites, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakable, we do not have to provide the products to you at the incorrect (lower) price.
If a credit account has been set up between our companies, then an invoice will be generated to the account on file. Additionally, the option to pay by credit card is always available.
If the customer account is currently overdue or over the stated and agreed credit limit any order may be held until the account is resolved.
OUR LIABILITY ON PRODUCTS
If we fail to comply with this policy, we shall only be liable to you for the purchase price of the products and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort [including negligence], breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue
- loss of business
- loss of profits
- loss of anticipated savings
- loss of data
- waste of management or office time
Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or an existing Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- fire, explosion, storm, flood, earthquake, subsidence epidemic or other natural disaster
- impossibility of the use of railways, shipping, aircraft motor transport or other means of public or private transport
- impossibility of the use of public or private telecommunications networks
- the acts, decrees, legislation, regulations or restrictions of any government
- pandemic or epidemic
Our performance under these Terms or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acknowledgement (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
STATE OF CALIFORNIA
Due to regulatory actions in the state of California, P&I Supply has suspended product sales and shipping into California. We advise any current or potential customers to reach out to their P&I representative should this suspension be an issue for doing business with your organization.
ADDITIONAL LEGAL TERMS & CONDITIONS
Please also review the other legal terms and conditions provided by P&I Supply
QUESTIONS & CONCERNS
We are happy to help answer any questions you may have regarding these Terms. Please reach out to us at (800) 356-1137 or by other means shown on our contact page.
Last Updated: 4/22/2020