Terms and Conditions

GENERAL TERMS

The below Terms apply to every order, delivery and billing of products and services sold by BeoCare Group Inc., BeoCare Inc., Shelby Elastics LLC, and any other group company owned by or affiliated with BeoCare Group Inc. (collectively “BeoCare”), unless explicit provisions have been made to the contrary through a supply agreement between BeoCare and the customer.
Customers’ conditions of purchase cannot be invoked against BeoCare unless they have been – prior to the order being accepted – explicitly agreed to by BeoCare in writing.
As of December 1, 2016 all open or back-ordered items for Shelby Elastics LLC will be transitioned and fulfilled by BeoCare Inc. without notice to the customer being required.

HOW TO ORDER

BeoCare Purchase Orders can be placed Monday through Friday 8:00am to 5:00pm EST:
By email: customercare@beocare.net
By Phone: 1-800-562-4507
By Fax: 1-828-728-4466
All orders will receive an order and shipping confirmation by Fax or by E-mail if an E-mail address is provided. No order will be considered accepted unless confirmed in writing.
All quoted delivery periods and shipping dates are indicative ONLY. Any delays due to BeoCare will give no cause for a claim for damages or for cancelling the order.

INVOICE TERMS

All BeoCare and Shelby invoices are due net 30 days from invoice date unless marked differently on the invoice or agreed otherwise in writing between BeoCare and the customer.
All goods remain the property of BeoCare until they have been fully paid for. All risks are borne solely by the customer.

FREIGHT TERMS

Standard Product Orders: Standard orders will be shipped FOB Point of Origin, Freight Collect.
Expedited and Custom Order: Expedited and Custom orders will be shipped FOB Point of Origin, Freight Prepaid and Add, using most timely and efficient delivery option based on carrier’s delivery schedule to customer’s location. Orders expedited at the request of the customer and Custom Orders will incur a fee for premium service.
Contract Orders: Contract Orders are defined as orders accepted by BeoCare pursuant to a written supply agreement between BeoCare and the customer. Contract Orders will be shipped as agreed with the customer in writing and confirmed on the purchase order confirmation.

MINIMUM ORDER

Minimum Order Requirements for Standard Orders are one full case or $1,000 whichever is higher. Minimum Order Requirements for Expedited and Custom Orders will be agreed with customer on case-by-case basis and confirmed in writing on the Order Confirmation.

DAMAGES

BeoCare does not take responsibility for goods damaged in transport, except when agreed in writing with the customer and clearly stated in the freight terms on customer invoice and bill of lading. Customer reports of damaged product received must be communicated to BeoCare Customer Service Department within 72 hours of receipt, providing PO Number, Lot Number, Item Number, nature of problem and quantity involved. All claims submitted after 72 hours from product receipt will be denied.

DEFECTIVE PRODUCT

Defective product is defined as product that has damage or defects that are not due to transport, and which damages or defects could not reasonably have been discovered during the inspection and acceptance of product during the receiving process. In the event that damaged or defective products are discovered after the delivery of goods, the following steps must be taken: notice of the damage or defect should be sent to BeoCare Customer Service within 30 days of receipt, providing PO Number, Lot Number, Item Number, nature of problem and quantity involved.
BeoCare will arrange for a carrier to pick up the damaged or defective products(s) within a reasonable timeframe. BeoCare will investigate all claims as soon as returned product is received and issue a credit or make arrangements for a replacement shipment after damaged or defective product has been inspected by our Quality Assurance Department and the damage or defect is validated. All unauthorized deductions will be denied.
In case of a proven fault on the part of BeoCare the latter can only be held liable for any instances of direct loss or damage which are a proven consequence of said fault. Damage to third parties, loss of profit, consequential loss or damage, claims from third parties and the like do not qualify for compensation. In any event, the amount of a claim for damages (should there be one) can, under no circumstances, be greater than the total amount of the corresponding invoice.

SHORTAGES

Upon receipt verify product count and reconcile with Bill of Lading and packing slip.
Shortages should be communicated to BeoCare Customer Service Department within 30 days of receipt, providing PO Number, Lot Number, Item Number, nature of problem and quantity involved. All claims submitted after 30 days from product receipt will be denied.
BeoCare will investigate shortage claims by reviewing carrier Proof of Delivery, pallet architecture (for pallet shipments) and distribution center product cycle count. BeoCare will issue a credit for shortages if BeoCare concludes the shortage is validated. All credits are valid for ninety (90) days from date of issued. All unauthorized deductions will be denied.