PAYMENT TERMS -
Standard terms for payment are net 30 days
Shipping dates are approximate and subject to the inventory on hand, the receipt of all information and the existence of all conditions necessary to enable seller to make delivery. In the event of any delayin delivery, the date of delivery shall be extended for a period of time equal to the period of delay. No liability of any kind or nature shall attach to seller for delays in delivery or for the failure for any cause whatsoever to manufacture or deliver merchandise.
SHIPMENT AT PURCHASER'S RISK -
The acceptance of shipment by railroad or other common carrier shall constitute delivery to the purchaser regardless of F.O.B point or whether freight is prepaid, collect or allowed. Seller is not responsible for damage or loss in transit and if goods arrive in damaged condition, purchaser should require agent to note condition on bill of lading or shipping memorandum and present a claim to carrier therefore.
SHORTAGE AND DEFECTS -
Claims for shortage, defects or other cause must be made in writing within five (5) days after receipt of shipment.
No merchandise may be returned for credit except upon prior written authorization from seller. If such permission is granted, purchaser shall pay the inspection and handling costs of and the accounting expenses incurred by seller respecting such merchandise which in no event shall be less than 10% of the sales price of the return goods. Seller shall have no responsibility for goods returne without prior authorization of seller.
Seller may at any time after the terms of payment, suspend credit, refuse shipment, cancel unfilled orders or demand immediate payment of any unpaid balance payable under any order of contract whether then due or not, whenever in the opinion of seller the financial condition of the purchaser or the status ofhis account warrents seller in doing or if delivery is delated by fault of the purchaser.
All prices are subject to the addition of sales tax. Purchaser must furnish seller with tax exemption certificate for exempt status.
The merchandise presented for sale to buyer is intended for use only for the referenced job. Application and installation must be in accordance with manufacturer's specifications and insutructions
INCONSISTENT PROVISION IN PURCHASE ORDER -
Any terms or provisions of the purchaser's order, which are not expressly contained in, or in any way are contrary to the terms of the corresponding invoice, shall not b binding on seller and shall not be considered and applicable to the sale.
Title to the above merchandise is resered by and remains vested in seller until the purchase price is paid in full. If the purchaser shall fail to pay ny part of the purchase price hen due, seller may take possession of said merchandise without notice or liability to purchaser.
SERVICE CHARGE -
A SERVICE CHARGE AT THE RATE OF 18% ANNUM IS PAYABLE BY PURCHASER FROM DUE DATE OF THE INVOICE UNTIL DATE OF PAYMENT, OR THE HIGHEST CHARGES ARE ALLOWED BY LAW, WHICHEVER IS LESS.
ATTORNY'S FEES -
If any action or proceeding is instituted to recover from purchaser any sums unpaid under any contract or order or if the account is referred to any attorney for connection, purchaser shall pay seller reasonable attorny's fees.
ENTIRE AGREEMENT -
No stipulation, agreement or understanding of the parties herto shall be valid or enforceable unless contained in this agreement.
DISCLAIMER OF WARRANTIES -
Except as is otherwise provided, Seller makes no warranty of merchantability or fitness for a particular use, nor is there any other express or implied warranty associated with the sale of these goods. Buyer acknowledges the use of it’s own skill and expertise in the selection of the products and does not rely to form the basis of the bargain on any oral or written statements, representations, or samples made or presented to Buyer prior to or concurrent with the execution of this contract. Seller assumes no liability for any technical advice given to Buyer on the use of the goods purchased, and Buyer expressly agrees that such advice will be used at its own risk.