Terms & Conditions
The below policies are binding on all customers and on all orders from Liberty Mountain. By placing an order with Liberty Mountain, the customer acknowledges and accepts these Terms and Conditions in full.
- Open credit status can be requested on your account with a signed and completed customer application. The credit approval process may take up to 15 working days or longer depending on the response time of References. Orders may, at Liberty Mountain’s discretion, be shipped prior to credit approval if prepaid. Acceptance of any order is subject to final approval by our Credit Department.
BILLING/PAYMENT TERMS & CONDITIONS
- Terms to be determined at Liberty Mountain’s sole discretion based on customer qualifications.
- Net 30 days is common for most financially stable accounts.
- C.O.D. (Refusal of C.O.D. shipment is subject to a $25 fee, plus all freight charges on shipment and forfeiture of any same day shipping guarantees).
- Visa / MasterCard / American Express / Discover - All Credit Card payments made after the original order date will receive a 3% processing fee of the total invoiced amount or a minimum of $20 per charge.
- Returned checks (for any reason) will receive a minimum $25 fee.
- Wire Transfers may incur $25 fee per transaction.
- Payment terms are effective from the date of the invoice. DISCOUNTS AND FREIGHT ALLOWANCES APPLY ONLY TO PAYMENTS RECEIVED ON OR BEFORE THE INVOICE DATE AND WILL BE CANCELED IF THERE IS A PAST DUE BALANCE ON THE ACCOUNT. LIBERTY MOUNTAIN HAS THE RIGHT TO APPLY PAYMENTS AND CREDITS TO THE OLDEST OUTSTANDING INVOICES FIRST, REGARDLESS OF WHAT MAY BE NOTED ON THE PAYMENT.
(HAZ-MAT) HAZARDOUS MATERIAL SHIPMENTS
- Haz-mat & ORMD products will not be shipped via air freight.
- Haz-mat fees of $32.00, or current adjusted rate, will be applied to each box containing Hazardous Materials (50 lb max product weight per box).
- Customer is responsible for all haz-mat charges. Haz-mat fees are subject to change at anytime.
- Liberty Mountain ships Haz-mat items (mainly fuel) separately within 24 hours of order placement (this does not apply to ORMD items, such as insect repellents & sealers).
- No Hazardous Materials, ORMD, C.O.D., or backorders on shipments to Alaska, Hawaii, or any International orders.
- Standard shipping within the contiguous United States is by ground service, with freight charges and fees added to the invoice. For shipments to Alaska and Hawaii standard shipping varies depending on reliability, convenience, and cost.
- Parcel post and UPS shipments will be prepaid by Liberty and freight charged on the invoice. All truck shipments will be freight collect and will be shipped on Liberty Mountain designated freight carrier. If the customer chooses a different carrier, any freight charges above those normally incurred by Liberty Mountain will be charged back to the customer.
- We reserve the right to change or limit freight allowances at any time.
FREIGHT ALLOWANCE PROGRAM
- A freight Allowance % is provided only to Standard Dealers with approved dealer terms and whose accounts are current and/or Prepaid (CC or Check). Qualifying shipments are F.O.B. shipping point. C.O.D. shipments are excluded from all freight allowance privileges, unless otherwise approved prior to shipment.
- FREIGHT ALLOWANCES ARE ONLY PERMITTED IF THE INVOICE IS PAID WITHIN TERMS AND THE ACCOUNT IS CURRENT.
- A minimum of $400 in shippable goods qualifies for freight allowance program.
- Any items requiring special ordering or receiving special pricing are excluded from freight allowance privileges unless otherwise stated.
- Orders requesting special shipping or routing instructions including TPB (Third Party Billing) do not qualify for any freight allowance terms and are considered F.O.B. Origin/Collect(SaltLake City, UT or Montoursville, PA).
- Account must be current to qualify for freight allowance terms.
- Orders to commercial destinations over $400.00 in shippable goods (excluding Haz-mat fees) will receive a freight allowance up to 4% of the invoice amount on all standard ground shipments. The customer is responsible for freight charges in excess of 4% of the invoice amount.
Alaska, Hawaii & Puerto
- Orders over $400.00 receive Priority Mail or comparable delivery as part of the freight allowance. The customer is responsible for all freight charges in excess of 4% of the invoice amount. No Haz-mat, ORMD, or backorders on shipments to Alaska or Hawaii.
- All International customer orders will be shipped according to customer request and F.O.B.
Origin/Collect (Salt Lake City, UT or Montoursville, PA). Liberty Mountain will not be
responsible for any lost cargo/freight or damages incurred during shipping. Freight allowance
does not apply to any International customer orders. Buyer is responsible for all importing laws
respective to Country of import.
- All International customer orders will be shipped according to customer request and F.O.B. Origin/Collect (Salt Lake City, UT or Montoursville, PA). Liberty Mountain will not be responsible for any lost cargo/freight or damages incurred during shipping. Freight allowance does not apply to any International customer orders. Buyer is responsible for all importing laws respective to Country of import.
WILL CALL ORDERS
- Will Call orders will be invoiced on day the order isprocessed. Any Will Call orders not picked up within 2 weeks of the initial requested date will be shipped via best freight method to the customer. The customer will incur all shipping costs.
- Unless otherwise specified by dealer, backorders may be automatically shipped by ground up to 10 days after the original order has shipped. After 30 days,all backorders will be cancelled unless further notified. Any Backorders remaining after 30 days will not qualify for Freight Allowance Program terms.
- All backorders under $50 will be automatically cancelled and do not qualify for Freight Allowance Program terms.
- All qualifying backorders will ship ground freight only.
- No backorders on any COD, Alaska, Hawaii, or International orders.
RETURNS, WARRANTIES, & SHIPPING DISCREPANCIES
- ALL warranty work is performed in the US and return shipped to US addresses only.
- All shipping discrepancies must be reported within 5 business days of receipt of merchandise. Discrepancies reported after 5 business days will not be allowed.
- All returns and warranties require a Return Authorization number (R.A.#), which may be obtained fromLiberty Mountain Returns Department. To ensure proper credit, please clearly mark the R.A.# on the outside of the box with your returned merchandise. The Returns Department will tell you the most efficient means of return. All product returned without an R.A.# will be subject to a minimum 15% restock fee.
- Liberty Mountain will repair, replace or give credit on defective products at its sole discretion. As a general rule, Liberty Mountain follows manufacturer warranty policies when determining issues regarding repair, replacement, etc.
- Returns on fuel, food items or discontinued items will not be accepted.
- Returns of items that Liberty Mountain special orders from the manufacturer will not be allowed. This includes items not in the catalog or unusually large quantities of catalog items.
- Liberty Mountain allows the return of non-defective items for up to 30 days after the invoice date.Any exception tothis rule is at Liberty Mountain’s sole discretion. If Liberty Mountain, in its sole discretion, allows this type of return, a restocking fee of a minimum of 15% up to a maximum of 75% could be charged-especially if the item cannot be resold (i.e. the item has been used, price stickers are affixed, packaging is damaged, discontinued items, etc.).
- Orders returned by a freight delivery carrier as refused, bad address, or any other reason without prior notification or authorization will be subject to a minimum 15-75% restock fee at Liberty Mountain’s discretion.
- Warranty or defective products may take 10-15 business days for replacement.
- Non-defective returns will receive purchasing credits only. No cash refunds.
- Liberty Mountain reserves the right to review product sold in group sales as potential accelerated wear and tear which may not qualify for normal warranty returns.
- DISCLAIMER OF WARRANTIES. LIBERTY MOUNTAIN EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY GOODS SOLD TO CUSTOMER. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, WHICH EXTEND BEYOND THE WARRANTIES EXPRESSLY STATED FROM THE MANUFACTURER.
ADDITIONAL PROCESSING FEES
- All Drop Ship Orders will incur a minimum additional fee of $3.50 per order.
- All orders incur a per box handling fee of $1.75 or 3% of freight, whichever is greater.
- Drop Ship orders processed as Third Party billing will incur a minimum additional fee of $5.00 per order
PAST DUE ACCOUNTS
- Accounts that have past due invoices will be assessed a late charge of 1½ % per month (18% per annum); provided, however, any interest charged on any amounts past due shall not exceed the maximum amount of no usurious interest that may be contracted for, taken, or received under applicable law. Any interest in excess of that maximum amount shall be credited to the past due amount, or, if that has been paid, refunded. This late charge will be levied each month until all overdue balances are paid. Product will not be shipped to accounts with a past due balance. Customer agrees to pay full amount of cost and expenses, including reasonable attorney’s fees incurred by Liberty Mountain in the collection of overdue amounts or enforcement of this agreement by litigation or otherwise. Customeragrees to pay the full amount of returned check fees.
- Payments postmarked after the due date will not receive freight allowances or other terms discounts.
- Past due accounts forfeit all terms and discounts, including Pre-Season and Freight Allowance Program incentives.
- Liberty Mountain reserves the right to hold all shipments and/or reallocate all inventory reserved for overdue accounts.
AUTHORITIES OF PARTIES
- No sales representative or employee of Liberty Mountain shall have the power to waive any of the terms or provisions hereof, or to incur additional obligations, or to make additional representations or warranties on behalf of Liberty Mountain unless the same is evidenced by an agreement, in writing, signed by a duly authorized officer of Liberty Mountain.
- Customers must comply with our vendors’ MAP and MSRP policies. Please see
www.libertymountain.com to download a MAP price list.
- If products or brands do not have specific MAP pricing listed the default MAP will be 10% off MSRP.
- Prices and terms are effective January 1, 2017 and are subject to change without notice.
- Orders may not be combined to meet preseason specials, terms, or any other discounts.
- The acceptance by any person/dealer of an order from Liberty Mountain constitutes an agreement to the above terms and conditions. This agreement shall be deemed to have been made in, and governed by the laws of the State of Utah. Any disputes arising under this agreement may be litigated in the state courts in Salt Lake County or in the United States District Court for Utah. Liberty Mountain reserves the right to initiate litigation in any other appropriate forum needed.