Belltec General Terms and Conditions of Sale (Revision 02. 091826)
1. General Terms. These Terms and Conditions of Sale (“Terms of Sale”) are applicable to the
person, firm, company, or other purchasing entity (“Customer”), and Belltec Industries, Inc.
(“Belltec”), for items ordered by Customer from Belltec in whatever form or quantity (“Goods”)
within the United States. Any other document(s) containing terms and/or conditions that are in
addition to or inconsistent with these Terms of Sale listed herein, including but not limited to
penalties or liquidated damages for Belltec’s failure to meet delivery dates or any other reason,
are rejected by, and shall not be binding upon, Belltec. Belltec’s failure to object to any
additional, inconsistent, or other provisions contained in any other order or form of communication
from Customer shall not be construed as either a waiver or acceptance of such provisions. Belltec
reserves the right to correct any clerical or typographical errors at any time.
2. Acceptance. These Terms and Conditions constitute the entire agreement between Belltec and the
Customer, superseding all prior agreements, understandings, and communications. Amendments must be
in writing and signed by authorized representatives of both parties.
3. Pricing. All prices are in US Dollars. The purchase price of the Goods shall be those in effect
on the date of Order Acknowledgment, unless otherwise specified by Belltec.
4. Governing Law and Jurisdiction. All agreements, sales, and transactions between Belltec
Industries, Inc. (“Belltec”) and any customer (the “Customer”) shall be governed by and construed
in accordance with the laws of the State of Texas. The parties agree that any dispute arising from
these Terms shall be subject to the exclusive jurisdiction of the courts located in Bell County,
Texas.
5. Invoices and Payment Terms. Goods will be invoiced at the time of dispatch. Payment is due
within the agreed-upon term period of the invoice date. Late payments may incur finance charges at
a rate of 1.5% per month, not exceeding the maximum permitted by Texas usury law. Belltec reserves
the right to apply payments against any outstanding balance at its discretion.
6. Credit Approval and Security Interest. All orders are subject to credit approval. Customers
shall provide annual financial statements and execute any required security agreements as specified
by the Company. Belltec retains a security interest in all goods until payment is received in full
and may file a UCC-1 financing statement to perfect this interest under Texas law.
7. Retention of Title (Security Interest)
(a) Title to goods remains with Belltec until full payment is received.
(b) Risk of loss transfers to Customer upon shipment from Belltec’s facility (FOB Origin).
(c) The relationship between Belltec and Customer is fiduciary in nature, with the Customer holding
goods as bailee until paid in full.
(d) Belltec authorizes Customers to resell the goods as agents, provided they do not represent
themselves as agents of Belltec to third parties.
(e) In the event of default, bankruptcy, or insolvency, Belltec may reclaim any unpaid goods as
permitted by the Texas Business & Commerce Code.
8. Delivery, Freight Charges, and Risk of Loss. Belltec ships all Goods FOB Origin, Belton, Texas.
Risk of loss passes to the Customer upon delivery of the Goods to the carrier. Belltec will make
reasonable efforts to meet estimated delivery dates but shall not be liable for delays, including
those caused by carriers, supply chain disruptions, or circumstances beyond Belltec’s reasonable
control.
Customer is responsible for providing complete and accurate delivery information and ensuring that
the delivery location is accessible by the freight carrier. Unless otherwise expressly agreed to in
writing by Belltec, Customer shall be responsible for all freight charges and any additional
carrier, delivery, or accessorial charges associated with the shipment or delivery of the Goods.
Such charges include, but are not limited to, residential delivery, limited-access delivery,
liftgate service, inside delivery, delivery appointments, notification services, redelivery,
reconsignment, address correction, detention, storage, layover, driver assistance, state
compliance/road fees, airports, mines, power plants, utility/construction sites, government sites,
oil & gas fields, and other special handling or delivery requirements.
Any additional freight or accessorial charges assessed by a carrier because of the delivery
location, inaccurate or incomplete information provided by Customer, Customer’s inability or
failure to accept delivery, or services required at the time of delivery shall be the sole
responsibility of Customer. Belltec reserves the right to invoice Customer for such charges after
delivery if the charges were not known or included in the original freight quotation or invoice.
9. Returns and Restocking Fee. All returns require prior written authorization and are subject to a
twenty percent (20%) restocking fee. Goods must be returned in new, unused, and saleable condition,
in the original packaging (if applicable), within thirty (30) days of delivery, freight prepaid.
Special orders, custom-manufactured products, or non-standard items are non-returnable. Acceptance
of returns constitutes acceptance of these terms.
10. Right to Refuse Supply. Belltec reserves the right, at its sole discretion, to accept or
decline any order as a whole or in part.
11. Liability and Warranty Disclaimer
(a) Belltec shall not be liable for any indirect, special, consequential, or incidental damage,
including but not limited to lost profits, lost business opportunities, or business interruption.
(b) All implied warranties, including but not limited to merchantability and fitness for a
particular purpose, are disclaimed to the fullest extent permitted by Texas law.
(c) Where Belltec is liable, remedies shall be limited, at Belltec’s sole discretion, to:
(i) replacement of goods
(ii) supply of equivalent goods
(iii) refund of the purchase price
(iv) repair of goods
(v) cost of resupply
(d) To the extent permitted by Texas law, the Customer waives all rights under the Texas Deceptive
Trade Practices Act (DTPA) unless the Customer qualifies as a consumer under the DTPA.
12. Credit Card Transactions. Belltec accepts payments by wire transfer, ACH, or other agreed-upon
methods. Credit card payments may be accepted at Belltec’s discretion.
13. Default and Remedies. In the event of default on any payment or other obligation, all sums owed
become immediately due and payable. The Customer agrees to indemnify Belltec for all costs incurred
in enforcing collection, including reasonable attorney fees, as permitted by Texas law.
14. Force Majeure. Belltec shall not be liable for delays or non-performance due to causes beyond
its reasonable control, including but not limited to acts of God, labor disputes, supply chain
disruptions, or governmental actions.
15. Design Improvements. Goods sold by Belltec are periodically updated with changes intended to
enhance the design and construction of the Goods. As such, any illustrations, specifications, or
other descriptive material submitted to the Customer may not depict an exact replica of the Goods
at the time of delivery, are merely intended as a general description of the Goods, and are not
deemed to constitute a part of this proposal or a warranty as to the
specifications of the Goods.