Please read these Terms of Sale (the “Terms of Sale”) carefully. The submittal of any purchase order or purchase by the customer/client (“Buyer”), referred to in this quote, to Operational Performance Solutions, LLC, LPR OPS (“OPS, LLC” “LPR OPS” or “Seller”) indicates acceptance of these terms and conditions. Except where indicated otherwise, these terms and conditions shall supersede any subsequent terms or conditions included with any purchase or purchase order. OPS, LLC (LPR OPS) reserves the right to make changes to these terms and conditions at any time. In the event that there is any conflict or inconsistency between these Terms of Sale and any other terms of sale or use that appear on the OPS, LLC (LPR OPS) website (the “Website Terms”), these Terms of Sale will govern.
1. Acceptance of Order
Buyer’s placement of an order does not necessarily ensure that we will accept the Buyer’s order. We reserve the right to refuse any order at our sole discretion. In addition, before accepting Buyer’s order, we may require additional information if Buyer has not provided all of the information required by Seller to complete Buyer’s order. Once a properly completed order is received, authorization of Buyer’s form of payment is received and we have accepted Buyer’s order, we will promptly place Buyer’s order in line for scheduling.
a.Once an order has been accepted by OPS, LLC (LPR OPS), it cannot typically be canceled. If an order cancellation request is received and accepted by OPS, LLC (LPR OPS) after services are booked or scheduled, a 20% cancellation fee will apply. All in-person training and on-site consultations are nonrefundable.
b. Return Policy – all sales final
All sales are final, except where otherwise agreed upon by Buyer and OPS, LLC (LPR OPS). Should OPS, LLC (LPR OPS), in its sole discretion, allow Buyer to return an item, product or services, our return policy will apply for that return.
2. Pricing and Availability
All prices for products and tax are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if Buyer has already placed an order. All prices are subject to change without notice, and Buyer agrees that taxes may be adjusted from the amount shown on this quote. Several factors may cause this, such as variances between processor programs and changes in tax rates.
3. Payment Terms
Buyer shall provide all financial information reasonably requested by OPS, LLC (LPR OPS) from time to time for the purpose of establishing or continuing Buyer’s credit limit. Buyer agrees that OPS, LLC (LPR OPS) shall have the right to decline or extend credit to Buyer and to require that the applicable purchase price be paid prior to services provided, typically 50% at booking. OPS, LLC (LPR OPS) shall have the right from time to time, without notice, to change or revoke Buyer’s credit limit on the basis of changes in Buyer’s financial condition and/or payment record.
If credit terms are not available to the Buyer, pre-payment may be made by ACH (EFT), Wire Transfer or company check (7 – 10 days to clear). OPS, LLC (LPR OPS) currently accepts Visa, MasterCard, American Express and Discover as forms of credit card payment. By submitting Buyer’s order and selecting to use a credit card as a form of payment, Buyer represents and warrants that Buyer is authorized to use the designated credit card and authorizes Seller to charge Buyer’s order (including taxes and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, Buyer’s order may be suspended or cancelled automatically. All credit card orders are subject to a 4% service charge. OPS, LLC (LPR OPS) further reserves the right, in its sole discretion, to request partial payment from Buyer, prior to processing Buyer’s order and services provided.
Buyer shall not deduct any amounts from any OPS, LLC (LPR OPS) invoice without OPS, LLC’s (LPR OPS) express written approval, which approval shall be contingent upon Buyer providing all supporting documentation for such deduction as required by OPS, LLC (LPR OPS).. Any authorized deductions for returned Products and Services must include Buyer’s customer tracking number and OPS LLC’s (LPR OPS) Return Merchandise Authorization (“RMA”) number. Deductions received by OPS, LLC (LPR OPS) without advance notice will be denied.
If Buyer fails to make timely payment of any amount invoiced by OPS, LLC (LPR OPS), OPS LLC (LPR OPS) shall have the right, in addition to any and all other rights and remedies available to OPS, LLC (LPR OPS) at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future services and/or to reduce or cancel any or all quantity discounts extended to Buyer. Buyer shall pay all costs of collection including reasonable attorneys’ fees. A service charge of the greater of one and one-half percent (1 ½%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due.
