01. Terminology & Order of Precedence
- “Customer,” “you,” “your” refer to the individual or entity purchasing Products.
“Company,” “HSO,” “we,” “us,” “our” refer to HSO Petroleum Service / Huron Smith Oil Co., Inc.
“Parties” refers to Customer and HSO collectively.
“Products” means any goods listed for sale on our platform, including but not limited to spare parts, tanks, PPE, lubricants, and related materials.
“Order” means a purchase order or online checkout submission by Customer.
“Order Confirmation” means HSO’s acceptance of an Order, which creates a binding contract.
Order of precedence (in the event of conflict, from highest to lowest):
A mutually signed written agreement between the Parties (if any).
The applicable Order Form, quotation, or Order Confirmation.
These Terms.
Any additional terms contained in Customer’s purchase order (accepted only if expressly agreed in writing by HSO).
02. Quotations, Orders & Acceptance
2.1 Quotations
Written quotations provided by HSO are valid for 30 days from the date issued, unless otherwise stated. Quotations are subject to change based on product availability and market conditions.
2.2 Order Placement
Orders may be placed through our website, by email, or via phone. Each Order constitutes an offer by Customer to purchase Products under these Terms.
2.3 Order Acceptance
HSO may accept or reject an Order in its sole discretion. Acceptance occurs when we issue a written Order Confirmation or begin processing the Order (e.g., by allocating inventory). A contract is formed only upon such acceptance.
2.4 Order Changes or Cancellation
Once an Order is accepted, it may only be changed or cancelled with HSO’s written consent and may be subject to restocking fees or cancellation charges as set forth in Section 12.
03. Pricing, Currency & Taxes
3.1 Pricing
All prices are listed in U.S. Dollars (USD) and are exclusive of shipping, handling, insurance, duties, and taxes unless explicitly stated otherwise. HSO reserves the right to correct pricing errors at any time before shipment.
3.2 Taxes
Customer is responsible for all applicable federal, state, and local taxes, including but not limited to sales, use, excise, value-added (VAT), goods and services (GST), customs duties, and any other governmental charges arising from the purchase or import of Products. If Customer is exempt from certain taxes, a valid exemption certificate must be provided prior to invoicing.
3.3 Withholding Taxes
If Customer is required by law to withhold any taxes from payments due to HSO, Customer will gross up the payment so that HSO receives the full amount invoiced, less any applicable withholding taxes for which HSO receives a tax credit.
04. Invoicing & Delivery of Invoices
4.1 Electronic Invoicing
HSO will issue invoices electronically to the email address provided by Customer. Electronic invoices have the same legal effect as paper invoices under the Mississippi Uniform Electronic Transactions Act and applicable federal law.
4.2 Invoice Timing
Unless otherwise agreed, invoices are generated upon Order Confirmation or upon shipment of Products. For split shipments, a separate invoice may be issued for each shipment.
4.3 Billing Information
Customer must provide accurate billing information, including legal entity name, billing address, tax identification number, and any required purchase order number. HSO is not responsible for delays or non-delivery caused by incorrect information.
05. Payment Terms
5.1 Due Date
Payment is due net 30 days from the invoice date, unless otherwise stated in the Order Confirmation or a separate credit agreement.
5.2 Payment Methods
Accepted methods include wire transfer, ACH, credit card (subject to a processing fee, if applicable), or check (subject to clearance). Payment must be made in USD.
5.3 No Set-Off
Customer may not withhold, offset, or deduct any amounts due to HSO for any reason without HSO’s prior written consent.
5.4 Credit Approval
HSO reserves the right to require prepayment, a deposit, or other financial assurances based on creditworthiness or order value.
06. Late Payments & Suspension
6.1 Late Fees
Past-due amounts will accrue interest at the rate of 1.5% per month (or the highest rate permitted by Mississippi law, whichever is lower), plus all reasonable collection costs, including attorneys’ fees.
6.2 Suspension of Future Orders
If an invoice is more than 15 days past due, HSO may, upon written notice, suspend any pending or future orders and withhold shipment until all outstanding amounts are paid in full.
6.3 Collections
In addition to any other remedies, HSO may refer delinquent accounts to a collection agency or take legal action. Customer agrees to pay all costs incurred in collection.
07. Billing Disputes
7.1 Dispute Notice
Any good-faith dispute regarding an invoice must be submitted in writing to billing@hsopetroleum.com within 10 business days of the invoice date, specifying the reasons for the dispute and the amount in question.
7.2 Payment of Undisputed Amounts
Customer must pay all undisputed portions of an invoice by the due date. Failure to do so may result in late fees and suspension as set forth in Section 7.
7.3 Resolution
The Parties will work diligently to resolve any dispute. If resolved in Customer’s favor, HSO will issue a credit or refund as appropriate.
08. Shipping, Delivery & Title
8.1 Shipping Terms
All shipments are made FCA (Incoterms 2020) HSO’s facility or partner warehouse in the USA, unless otherwise agreed in writing. This means title and risk of loss pass to Customer upon HSO’s delivery of the Products to the carrier.
8.2 Delivery Dates
Any estimated delivery dates provided by HSO are approximations only and are not guaranteed. HSO is not liable for delays caused by carriers, customs, or other events beyond its reasonable control.
8.3 Shipping Costs
Shipping and handling charges are itemized on the invoice and are non-refundable except as provided in our Returns Policy.
8.4 International Shipments
For international orders, Customer is the Importer of Record and is solely responsible for customs clearance, duties, taxes, and compliance with all import/export laws. HSO will provide necessary documentation but does not control or guarantee clearance by foreign customs.
09. Risk of Loss & Insurance
9.1 Risk of Loss
As stated in Section 9.1, risk of loss or damage to Products passes to Customer upon delivery to the carrier. Claims for loss or damage in transit must be pursued by Customer directly with the carrier.
9.2 Insurance
HSO does not insure shipments unless specifically requested and paid for by Customer. Customer may purchase insurance at its option.
10. Inspection & Acceptance
10.1 Inspection
Customer has the right to inspect Products upon delivery. Any claim for shortages, visible damage, or non-conformity must be reported to HSO in writing within 5 business days of receipt.
10.2 Acceptance
If Customer fails to notify HSO of any discrepancies within the specified period, the Products will be deemed accepted as delivered. This does not affect Customer’s rights under any applicable warranties for latent defects.
11. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
12. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
13. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
14. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
15. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
16. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
17. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
18. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
19. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
20. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.
21. Returns, Refunds & Credits
11.1 Returns Policy
Returns are governed by our separate Returns and Refunds Policy, which is incorporated herein by reference and available on our website. In case of conflict, the Returns Policy prevails for return-related matters.
11.2 No Refunds for Accepted Products
Except as provided in the Returns Policy or required by law, all sales are final and fees are non-refundable.
11.3 Restocking Fees
Returns accepted under the Returns Policy may be subject to restocking fees as specified therein.
11.4 Chargebacks
Customer agrees not to initiate any chargeback with its bank or credit card issuer without first following the dispute resolution process in Section 8. Any unauthorized chargeback constitutes a material breach of these Terms.