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Order Terms

Orders Terms

All orders must be received with a P.O. or purchased through Visa, MasterCard, Discover or American Express. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 10 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 10 days from date of shipment, DR Smith Co. Inc. may defer any further shipments or other orders, or cancel any portion of an unshipped order. DR Smith Co. Inc. reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees and costs incurred by DR Smith Co. Inc. in connection with any collection action for payment of the amounts due herein.

Sales Tax

Applicable state and local tax will be charged on orders, unless Purchaser provides DR Smith Co. Inc. with an exemption certificate. Note your tax-exempt status when ordering.

Cancellation and Returns

DR Smith Co. Inc. must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (not in the catalogue) may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to DR Smith Co. Inc. or as otherwise designated by DR Smith Co. Inc., and must be in resalable condition and accompanied with an Invoice.


Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.

International Orders (Outside United States)

In addition to the forgoing Order terms, Purchaser represents that it is purchasing the products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. No re-export or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the product. All costs associated with exportation and importation of the product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform DR Smith Co. Inc. of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling, but DR Smith Co. Inc. shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by DR Smith Co. Inc. Purchaser acknowledges that it is not an agent of DR Smith Co. Inc. and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act. Purchaser represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce.

Electronic Commerce

With prior approval, DR Smith Co. Inc. and Purchaser may agree to be bound by transactions performed through DR Smith Co. Inc.'s e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between DR Smith Co. Inc. and Purchaser concerning electronic data interchange.


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