In addition to the Terms and Conditions set forth in any P.O. Acknowledgment issued by Toro Ag or otherwise brought to the dealer’s attention, the following terms and conditions shall apply to any purchase of Toro Ag products: Terms: Payment is due net thirty (30) days from date of invoice, upon credit approval, at the following address: Toro Ag 36346 Treasury Center Chicago, IL, 60694-6300 USA Minimum Order: USD $500 net per shipping location (< USD $500 orders are subject to a USD $50 processing fee). This minimum applies to whole goods. There is no minimum order value for replacement parts. Custom Order: A Custom Order is defined as any extruded product classified with an MOQ category of “C” or not listed in the Toro Ag Product Catalog. Custom orders are deemed Final Sale and are not returnable nor refundable once produced. The Overrun Policy is applicable to custom orders of extruded products. Overrun Policy: For products that fall under the Custom Order classification, up to five (5) additional reels/coils will be added to the ordered quantity. If the quantity of reels/coils produced is greater than the ordered quantity, the sales order and the final invoice will be modified to match the produced quantity. Late Charge: Overdue accounts shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law. Pricing: All list prices are USD $, FCA Toro Distribution Center and subject to change without notice. Order confirmations will be sent upon acceptance of purchase order, confirming terms and conditions of sale in addition to those set forth herein. Freight Policy Domestic Dealers: Freight is FCA Toro Distribution Center. Shipping policy is with a Toro Ag selected carrier. Shipments are made to physical dealer location. Shipments or drop shipments outside dealer location are only allowed within a 100 mile radius of dealer location. Shipped prepaid and added to the customer invoice, unless one of the following exceptions applies: • Free freight for truckload orders of Tape or Flat Emitter Dripline • Any combination of products greater than $20,000 will receive a freight allowance of 3% of invoice amount. - Freight allowance will be given on invoice and not to exceed shipping cost. - Freight allowance does not apply to will call orders. • Free freight for Accessories orders above $5,000 (any combination of products excluding Tape, Flat Emitter Dripline, Hose, Microtubing, Dripline and Metal Filters) • Free freight for Layflat or IPS orders above $4,000 • Freight Carrier Surcharges are not paid by Toro Ag and are the responsibility of the dealer. • Multiple drop shipments to dealer locations are billed at actual cost plus USD $100 service charge. Please call Customer Service for a freight quotation. Freight Policy International Dealers: Shipment destinations are to the domestic freight forwarder chosen by the dealer. Freight is FCA Toro Distribution Center. The above policy for freight applies to the domestic component of freight. For International Shipments, if heat treated pallets are requested, a USD $17 per pallet service charge will apply. Drop shipments are not allowed for international shipments. Return Goods: Warranty: The dealer will provide a copy of Toro’s written product warranty and any installation instructions or similar product information to its customers at or before the time of sale. In the event of a warranty claim, Toro Ag must be notified in writing within the applicable warranty period and within 30 days after discovering the product is not functioning properly. Toro will review the situation with the dealer and provide an answer within a reasonable time. Non-Warranty: All returned merchandise requires a Return Goods Authorization (RGA) to insure proper tracking. All made to order, discontinued or special order items are not returnable. To receive an RGA number the dealer should contact: Toro Ag Customer Service Department Phone: +1 (877) 373-0087 or +1 (619) 596-2495, Fax: +1 (800) 892-1822 or +1 (619) 596-4247 or +1 (619) 258-9973 Additional Conditions of Sale: The laws of the State of California apply to all Toro Ag contracts and commercial dealings. State Laws vary widely on the subject of commercial Credit interest and late charges. The Federal Usury Pre-Exemption Law currently in effect will apply to all transactions wherever applicable. The dealer will not (i) violate any laws prohibiting corrupt business practices; (ii) take any action that will cause Toro Ag or its affiliates to violate any laws, including the U.S. Foreign Corrupt Practices Act of 1977 as amended; (iii) export, re- export, resell, release, or otherwise transfer, in violation of U.S. law, any Toro Ag supplied item to any country subject to comprehensive U.S. trade sanctions or partial U.S. trade sanctions; (iv) participate in any illegal customer restrictions or boycotts prohibited under local law or the laws of the U.S.; (v) misuse, register or assert ownership over any Toro trademarks or Toro domain names (i.e. domain names including any Toro names or marks); or (vi) incite, enable, or knowingly allow third par- ties to commit acts mentioned under subparagraphs (i) – (v), above. Toro Ag Terms and Conditions of Sale – International Terms: 1. Direct Bank Transfer In Advance - Wire transfers in U.S. Dollars to US Bank 800 Nicollet Mall, Minneapolis, MN 55402; ABA# 091000022 Swift# USBKUS44 IMT For: Toro Ag, Account# 104791355878 with instruction to advise full details by telephone. Please reference dealer name as the remitter. --or-- 2. Confirmed Irrevocable Letter Of Credit - Letter of credit must be confirmed by a USA bank. Do not use a USA subsidiary of a foreign bank. Letters of credit must be valid for a minimum of 90 days, from date of issue. All bank charges are to be paid by buyer. To ensure the most rapid shipment of your order, please send full text of letter of credit to the U.S. correspondent bank by tested telex. Minimum Order: 1. Via Direct Bank Transfer In Advance – USD $500 net. 2. Via Letter of Credit – USD $10,000 net. All other terms and conditions set forth in any P.O. Acknowledgment issued by Toro or otherwise brought to the buyer’s attention shall apply. The material must be returned within 60 days from date of invoice, in the original factory sealed packaging, in saleable condition, full carton quantities and freight pre- paid. A 25% restocking charge may apply to items being returned unless the goods are being returned due to an order entry or shipping error. A credit to the dealers account will be issued providing the goods are not made to order, discontinued items, shopworn or are a special order. Claims for Shortages: All claims for shortage or damage must be submitted in writing to the freight carrier directly and to Toro Ag Customer Service within 5 days of receipt of goods. A legible copy of the bill of lading must also be included to verify receipt of product. Toro Ag is not liable for damage or loss occurring during shipment. Acceptance of shipped product by dealer or dealer agent is the responsibility of the dealer including proper count of product(s) and inspection of the product. Delivery: Delivery estimates are made in good faith and are subject to delay due to government restrictions, failure of our suppliers to deliver, fires, strikes or other causes beyond our control. Any equipment needed for unloading is the responsibility of the consignee. It is not the responsibility of the driver to assist in the unloading process. Terms and Conditions To order, call Toro Ag Customer Service: + 1(877) 373-0087 or +1 (619) 596-2495 List Prices are US$, FCA Toro Distribution Center. Effective Aug 11, 2023
