Terms and Conditions

These Terms and Conditions shall govern any and all sales of products and or services provided by Tryall Energy Guyana, Inc. (“Tryall”) to the undersigned customer, unless otherwise agreed in writing. Tryall may cancel these Terms and Conditions at any time upon written notice to customer.

PAYMENT TERMS:

Payments are due net 30 days from the date of invoice unless otherwise indicated on the invoice for term accounts.

If payment is not received when due, customer may be charged interest (at 3.5% per month) and all necessary collection and legal expenses incurred by Tryall. Any billing disputes must be made to Tryall within 15 days from invoice date. Checks returned due to insufficient funds will be charged back to the customer’s account with a $6000.00 GYD fee.

Invoices not paid within terms may be considered delinquent and will cause pending orders to be held until the account is current.

Clients can be billed in whole or partially based on goods and services rendered.

PRICES:

All prices and discounts are subject to change without notice, along with F.O.B. point stated. Regarding stenographic and clerical error, should they occur, we reserve the right to charge the correct prices.

PAYMENT METHOD:

Tryall accepts payments made via ACH, wire or check.

CREDIT ON ACCOUNT:

Tryall may extend credit when requested by customer, if Tryall is satisfied after inquiry into the customer’s references and credit history that the customer has the ability to pay within terms established by Tryall. Credit limits will be determined at Tryall’s discretion. Orders can be placed and shipped on account until the balance of outstanding orders and invoices reaches customer’s credit limit, then the difference will be owed and must be prepaid prior to shipment of any new orders. Supplier reserves the right to decrease, limit, or revoke the customer’s credit at any time.

CUSTOMER CHANGES:

Customer shall communicate any and all of the following to Tryall in writing, immediately upon occurrence: (i) changes to Customer’s contact information, email addresses, billing or mailing address, or contact personnel; (ii) changes in Customer’s name, entity classification, ownership, or senior management structure; (iii) any material adverse change in Customer’s financial condition, operations, or business; (iv) Customer becomes insolvent or fails to pay debts as they become due; (v) any proceeding such as a bankruptcy, reorganization, arrangement or readjustment of debt, or receivership is filed by or against Customer.

ORDERS:

All orders are subject to acceptance by Tryall’s office. Sales on open account are subject to prior approval by Tryall’s credit department. Pre-pay orders will be deemed due for payment upon notification to the customer. Tryall will retain the shipment for 10 days after notification without penalty. Non-paid shipments will incur a 2% penalty for retention after 30 days until 45 days. Non-paid shipments will be cancelled and returned to stock at 45 days after ready-to-ship notification with assessment of a 20% restocking charge.

SPECIAL ORDERS:

Orders for non-stocking or specialty items are subject to the following conditions:

• In keeping with industry standards, we reserve the right to ship and invoice 10% to 15% over or under the original quantity ordered on non-stock or specialty items as is required by the manufacturers we represent.
• In the event that orders for specialty or non-stocked items must be cancelled, we reserve the right to assess the customer for all cost and commitments incurred by the manufacturers plus a 10% cancellation fee provided the manufacturer allows the cancellation.
• Cancellation must be received prior to goods departure from the overseas location.
• Once goods are in transit to Guyana, then the client will be liable for the total charges the total cost of the goods.

QUOTATIONS:

Unless earlier terminated by written notice or otherwise noted on the quotation, all quotations will expire 30 days after the date of issuance.

WILL CALL ORDERS:

• All Will Call (W/C) orders require 2 Hours to process and pull from the time the order is confirmed.
  1. This can vary based on the size of the order
  2. If split cases are involved, this would result in an increase in processing and pulling time.
  3. This is based on Tryall’s operating hours.
  4. Example: An order is placed today at 4:30 PM which means the order will not be ready until the next morning until 10:30 AM.

FREIGHT:

Tryall relies exclusively on 3^rd party airfreight carriers, ship lines and local couriers in the transportation of cargo.

Any timelines furnished at quotation or cited in contract is based on information provided by the transportation carrier. Any material changes that result in any delays or extended transit times are external to Tryall’s control.

FREIGHT ALLOWANCE.

Freight Terms are based on a single destination, unless otherwise stated. Free freight allowance exceeding $1,500.00 USD/$330,000.00 GYD or more per order and shipment is release to one destination. This applies to central Georgetown only. The freight allowance terms are “FOB Origin, Freight Prepaid.” In the event the freight thresholds are not met, the terms will either be “FOB Origin, Freight Prepaid and Billed” or FOB Origin, Freight Collect.”

Backorders.

If you place an order that has one or more items on backorder you can choose one of the following options:

• Backorder allowed
  Tryall ships in-stock items immediately and places any out-of-stock items on backorder. Backordered items will be shipped as they become available. Therefore, your order may arrive in single or multiple shipments.
• Ship order complete
  If any items in your order are out of stock, we’ll hold your entire order until all items become available. Your order will then arrive in one shipment.

RETURNS:

Authorization for returns must be obtained in advance through Tryall and items to be returned must be in original packaging and in resaleable condition.

• Authorization will not be issued for the return of general merchandise after 10 days from Invoice date provided items are still in stocked status.
• Freight on returned goods is the sole responsibility of the customer.
• All returns are subject to a minimum 20% restocking fee.
• Non-stock and specialty items are not subject to returns.
• Merchandise must be returned within 10 days after the RMA is issued.
• No returns accepted on any water, disposable gloves, masks, safety eyewear, respirators,  pyrotechnics, Sqwincher or other food products.
• No returns are accepted on any items that have been designated by TRYALL as a DISCONTINUED ITEM.

WARRANTY/DAMAGE/SHORTAGE CLAIMS:

Tryall represents and work with multiple manufacturers, redistributors and suppliers, all of which guarantee their products to be free from defects due to the faulty workmanship or defective materials. Claim periods and policies regarding replacements and/or refunds vary according to each suppler. No other warranty is implied or offered by Tryall; any of its agents or representatives shall not be held liable for any contingent damages or delay caused.

Credit will issued for warranty products upon approval from the manufacturer.

Claims for damaged merchandised (concealed or otherwise) must be reported immediately (within 48 hours) to our customer service department.

The warranty for footwear does not cover:

• Damage caused by accident, misuse, inadequate care, negligence;
• Normal wear and tear;
• The natural breakdown of colors and materials used in the footwear workmanship.

Slight variations in color and/or texture are inherent to the material. They are a valued characteristic of this material and therefore not considered a defect.

FORCE MAJEURE:

The consequences, direct or indirect, of labor troubles, acts of God, fires, accidents, floods, hostilities, shortage, cancelation or delay of transportation, failure or suspension or curtailment of production due to shortage of labor or supply of raw materials, or other economic factors, government acts or requirements and any and all like or different causes beyond the control of Tryall shall excuse performance by Tryall to the extent performance is prevented thereby.

CHOICE OF LAW:

The construction, interpretation and enforcement of these Terms and Conditions shall at all times and in all respects be governed by the laws of the Republic of Guyana. Any action arising under or relating to these Terms and Conditions must be commenced and maintained in the local courts as applicable in Georgetown, Guyana.