CASPERS ENTERPRISES, LLC
These Terms of Service govern the use of this website and the procurement services provided by CASPERS ENTERPRISES, LLC. By visiting the website, by submitting an enquiry, by placing a purchase order or by attending a bid sitting, you agree to be bound by these terms to the extent that they apply to you.
The terms are written in plain English so that a client, a supplier and an ordinary reader can understand the arrangement without a legal background. If you do not agree with any part of these terms, please do not use the website and contact the front desk so that any arrangement can be discussed separately.
Where a separate written agreement has been signed by the firm and a client, that agreement takes precedence over these terms to the extent of any conflict. These terms then fill any gap that the separate agreement does not address.
In these terms, the following words carry the following meanings.
The services are intended for businesses and for adults acting in a professional capacity. By placing an order, you confirm that you are at least eighteen years of age and that you have the authority to bind the organisation on whose behalf you act.
If you act on behalf of a client, you confirm that the client has authorised you to submit a specification, to approve a quotation and to receive a delivery. We may ask for written confirmation of that authority before we release an order to a bay.
We may decline to open an account or to accept an order where we cannot verify the identity of the organisation or where the request appears to be fraudulent. In that case we will explain the reason in general terms and will invite the organisation to make contact through a different channel.
The firm operates six procurement desks from the High Point warehouse office. The desks are purchase order bays, receiving sheet runs, supplier note desks, quote compare windows, freight review rounds and bid sittings. The service pages of this website describe each desk in detail.
The firm also undertakes computer integrated systems design work in support of a client procurement function, including the layout of order records, the structure of a receiving process and the design of a supplier note workflow. That work is provided on the basis of a written scope agreed at a bid sitting or in a separate statement of work.
Nothing in these terms obliges the firm to accept a particular order. Each quotation is an invitation to make an offer, and a contract is formed only when the firm issues a written acceptance or a purchase order is countersigned by an authorised member of staff.
A quotation is prepared at the quote compare window and records the price, the lead time, the freight terms and the warranty that apply to the proposed goods or services. A quotation is valid for the period stated on the document, and if no period is stated it is valid for thirty days from the date of issue.
Prices in a quotation are based on the information that the client provides. If the specification changes, or if a supplier changes a price after the quotation is issued, the firm may issue a revised quotation before the order proceeds.
A Bid Packet issued at the close of a bid sitting is a planning document and not a binding contract. The packet records the scope that was discussed, the estimated delivery plan and the named contacts, and it becomes binding only when the client issues a purchase order or signs a separate agreement.
A purchase order should be issued in writing and should state the goods or services required, the quantity, the agreed price, the requested delivery date and the point of contact who can approve a change. A purchase order that omits one of these items may be held in the bay until the missing detail is supplied.
An order is accepted when the firm confirms it in writing and assigns it to a bay. That confirmation will normally include the bay reference, the clerk who owns the order and the promised date. The client should check the confirmation immediately and report any error before the order is released to the dock floor.
Once an order has been accepted, changes are handled under the section on cancellation and changes. The client may not unilaterally amend a purchase order after it has been accepted.
Delivery dates are estimates unless the firm states in writing that a date is guaranteed. The firm will make reasonable efforts to meet a promised date, and where a delay becomes apparent the front desk will contact the client promptly and propose an alternative.
Freight terms are recorded in the quotation and confirmed in the order acceptance. Unless otherwise agreed, the client is responsible for the cost of carriage and for any accessorial charge that the carrier properly applies. Freight is reviewed in rounds at the dock so that a charge is checked against the record before it reaches the invoice.
Risk in the goods passes in accordance with the agreed freight terms and the applicable law. Where the carrier is engaged by the firm, the firm will pursue a claim for loss or damage in transit on the client behalf, and the client agrees to provide the photographs and the receiving sheet notes that the claim requires.
Goods received at the warehouse office are opened at the dock plate and checked against the receiving sheet. Any shortage, damage or substitution is noted in the margin and initialled by the clerk before the goods are moved to a shelf position.
Where the goods are delivered directly to a client address, the client should inspect the consignment on arrival and record any obvious damage on the carrier paperwork before signing. A claim for visible damage should reach the front desk within five working days, and a claim for a hidden defect should reach the front desk within thirty days of delivery.
A receiving sheet is evidence of the condition of the goods at the point of receipt and of the quantity that was actually delivered. A signature on the sheet does not waive a right that the client has under a manufacturer warranty or under the applicable law.
Prices are stated in United States dollars unless the quotation states otherwise. A price covers the goods and the procurement service described in the quotation; it does not cover a tax, a duty or a fee that a government authority imposes, and such an amount is added where the law requires it.
Where a supplier changes a price after a quotation has been issued but before an order is accepted, the firm may pass the change to the client with an explanation of the reason. The client may then accept the revised price or decline the order without penalty.
Any discrepancy between an invoice and a purchase order should be reported within ten working days. The firm will investigate the discrepancy and issue a corrected invoice if the record supports it.
Payment is due within thirty days of the date of the invoice unless a different period is stated in the quotation or agreed in writing. The invoice will reference the purchase order and the receiving sheet so that the client can match the charge to the record.
Payment may be made by the method stated on the invoice. The firm does not ask for payment to an account that has not been confirmed in writing, and a client who receives an unexpected request for a bank transfer should verify it with the front desk by telephone before making a payment.
Where an amount remains unpaid after the due date, the firm may charge interest at a reasonable rate permitted by law and may suspend further work until the account is settled. The firm will give notice before suspending an order that is already in progress.
A client may request a change or a cancellation before an order is released to the dock floor, and the firm will accommodate the request where the supplier has not yet started. Once a supplier has begun production or has dispatched a crate, a cancellation may be subject to the supplier terms and to a restocking charge.
A request to change a specification, a quantity or a delivery address should be made in writing to procurement@caspersenterprisesllc.com. The firm will confirm whether the change is possible, what effect it has on the price and what effect it has on the promised date.
The firm may cancel an order where a supplier cannot fulfil it, where a client fails to pay an amount that is due, or where the order would require the firm to act in breach of the law. In that case the firm will return any payment that relates to the cancelled part of the order.
A return must be authorised by the front desk before the goods are sent back. An authorised return is issued with a return reference and a delivery address, and the client should include the reference in the parcel so that the receiving sheet can be matched.
Goods that are returned in their original condition and packaging, and that are not excluded from return by the supplier terms, may be accepted for a refund or a credit. A refund is issued by the method that was used for the original payment, within a reasonable period after the returned goods have been inspected.
Custom made goods, perishable goods and goods that have been opened or used are normally excluded from return unless they are defective. Where a return is refused, the firm will explain the reason in writing and will offer a reasonable alternative where one is available.
A client is responsible for providing a specification that is complete and accurate, for approving a quotation before an order is raised, and for nominating a contact who can respond to a question within a reasonable time.
A client is also responsible for the information that it sends to the firm, including ensuring that it has the right to share any personal information that appears in a specification or a supplier note. The firm will handle that information in accordance with the privacy policy.
Where a client hosts the firm at its own site, the client is responsible for safe access, for the provision of a suitable unloading area and for any site safety rule that the firm must observe.
The website is provided for lawful use only. You agree not to use the website to send a message that is unlawful, defamatory, harassing or fraudulent, and not to attempt to gain unauthorised access to any part of the site or to any system that supports it.
You agree not to interfere with the availability of the website, to introduce malicious code, to scrape the content at a volume that burdens the server or to use the contact form for unsolicited advertising.
If the firm reasonably believes that your use of the website breaches these rules, the firm may block access and may report the matter to the relevant authority. Blocking access does not affect an order that has already been accepted.
The text, the layout, the design and the code of this website are owned by the firm or are used under a licence. You may read, print and share a reasonable portion of the content for the purpose of considering or using the services, but you may not reproduce the site as a whole or resell it.
The firm name, the logo and the trade names used on the website are the property of the firm. No right to use a mark is granted except with written permission.
A client retains ownership of its own specification, drawings and data. The firm is granted a limited licence to use that material for the purpose of the order and for keeping the associated record.
The firm arranges goods and services from suppliers that are independent businesses. The supplier warranty is provided by the supplier, and the firm does not replace that warranty with a warranty of its own.
A link from this website to a third party site is provided for convenience and is not an endorsement. The firm is not responsible for the content, the availability or the privacy practice of a site that it does not operate.
Where a carrier is engaged to move goods, the carrier contract is governed by the carrier terms and by the applicable transport law. The firm will assist a client in pursuing a valid claim, but it does not guarantee the outcome of a claim against a carrier.
The firm warrants that the procurement service will be carried out with reasonable care and skill and that the staff will act in good faith. The firm does not warrant that a supplier item will be free from a defect that the supplier control does not cover, and it does not warrant that a delivery date will be met where a cause outside its control intervenes.
The website is provided on an as available basis. The firm does not warrant that the website will be uninterrupted, that it will be free from error or that a defect will be corrected within a particular period. The firm will take reasonable steps to restore the service promptly if an interruption occurs.
To the extent that the law permits, all other warranties, conditions and terms that are not expressly stated in these terms are excluded. Nothing in these terms excludes a warranty or a right that the law does not allow to be excluded.
To the extent that the law permits, the firm is not liable for a loss of profit, a loss of revenue, a loss of business opportunity or an indirect or consequential loss arising from the use of the website or from the provision of the services.
The total liability of the firm for a claim arising from an order is limited to the amount that the client paid for the part of the order that gives rise to the claim. That limit does not apply to a liability that the law does not allow to be limited, such as a liability for fraud or for death or personal injury caused by negligence.
Each provision of this section operates separately. If one provision is found to be unenforceable, the remaining provisions continue to apply.
A client agrees to indemnify the firm against a claim, a loss or an expense that arises from a specification that the client supplied, from a permission that the client failed to obtain, or from a use that the client made of the goods after delivery.
The firm agrees to indemnify a client against a claim that the firm own material infringes the intellectual property of a third party, provided that the client notifies the firm promptly and allows the firm to control the defence.
The obligations in this section survive the end of the arrangement to the extent that they relate to an event that occurred while the arrangement was in force.
The firm is not liable for a delay or a failure to perform that is caused by an event outside its reasonable control, including a natural disaster, a fire, a flood, an epidemic, a war, a strike, a failure of a public utility, a cyber attack or a change in the law.
Where such an event occurs, the firm will notify the client as soon as it is practicable and will propose a revised plan. If the event continues for more than sixty days, either party may end the affected part of the order without penalty.
A party that relies on this section must take reasonable steps to reduce the effect of the event on the other party.
Each party agrees to keep confidential the commercial information that the other party marks as confidential or that a reasonable person would treat as confidential, and to use it only for the purpose of the order.
Confidentiality does not apply to information that is already public, that was lawfully received from a third party without a duty of confidence, or that the law requires a party to disclose. A party that is required to disclose information will tell the other party first where it is lawful to do so.
The confidentiality obligation continues for three years after the end of the arrangement, and it continues for longer where the information is a trade secret.
The firm may suspend the website or the services where a security incident, a maintenance task or a breach of these terms makes suspension necessary. The firm will give notice where it is practicable and will restore the service as soon as the reason for the suspension has ended.
Either party may end the arrangement by written notice if the other party commits a material breach and fails to remedy it within thirty days of a written request. Either party may end the arrangement immediately if the other party becomes insolvent.
On the end of the arrangement, the firm will hand over the records that belong to the client, will return or securely destroy the material that the client supplied, and will keep the records that the law requires it to keep.
These terms are governed by the laws of the State of North Carolina in the United States, without regard to a rule that would apply the law of another jurisdiction.
Before starting a formal proceeding, the parties will try in good faith to resolve a dispute through discussion and, where appropriate, through a short mediation. A party should raise the dispute in writing and allow thirty days for a response.
If a dispute is not resolved through discussion, it may be brought before a court of competent jurisdiction in North Carolina, unless the parties have agreed in writing to a different forum. The language of the proceeding is English.
The firm may update these terms to reflect a change in the services, a change in the law or a clarification that follows from experience. The effective date at the top of the page shows when the current version took effect.
Where a change is material, the firm will place a notice on the homepage for a reasonable period and, where the change affects an active order, will notify the client directly. The version that applies to an order is the version that was in force when the order was accepted, unless the client agrees to a later version.
A copy of the current terms is always available from the link in the footer of every page.
These terms, together with the privacy policy and any separate written agreement, form the whole agreement between the parties in relation to the website and the services.
If a provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in force and the invalid provision is read down to the extent that is necessary to make it enforceable.
A failure to exercise a right is not a waiver of that right. A party may exercise a right that it has not relied upon until the right is ended by law.
A person who is not a party to these terms has no right to enforce a provision of them, except where the law provides otherwise.
The headings in these terms are for convenience only and do not affect the interpretation of the text.
For any question about these terms, please use the details below.
Company: CASPERS ENTERPRISES, LLC
Address: 1589 Skeet Club Rd Ste 102-155, High Point - 27265-8817, United States (US)
Email: procurement@caspersenterprisesllc.com
Phone: +18066398253
Business hours are Monday to Friday, 8:00 to 17:00 Eastern Time.