Terms And Conditions of Sale
TERMS - Notwithstanding any different or additional terms and conditions that may be embodied in Buyer’s order, such order is accepted only on the condition that Buyer assents to the terms and conditions contained herein. The failure of Buyer to object hereto in writing shall constitute assent hereto.
Terms of sale are Net 30 Days
SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, OR ANY OTHER MATTER CONCERNING THE MATERIALS DESCRIBED HEREIN AND BUYER ACCEPTS THE MATERIALSAS IS. SELLER DOES NOT ADOPT OR AFFIRM ANY OF THE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY ANY OF THE MANUFACTURERS OF ANY OF THEMATERIALS DESCRIBED HEREIN.
Materials normally carried in inventory of the location of this branch which have been delivered as ordered may be returned ‘unused, within 30days from the date of purchase for credit only upon Seller’s prior authorization. All such returned materials must be accompanied by a copy ofthis invoice and a restocking charge of not to exceed 25%. In addition to ‘unused’, the materials must be in resalable condition or in its original packaging. (Return of special order merchandise may not be allowed at the sole discretion of the Seller.)
All quotations and sales are F.O.B. point of shipment unless expressly stipulated otherwise in writing. The risk of loss or destruction of, or damage to the materials shall be on the Buyer from and after delivery of the materials to Buyer or carrier, whichever occurs first.
Seller shall not be liable to Buyer for any loss or damage suffered by Buyer, directly or indirectly as a result of Seller’s failure to perform, or delaying performing any obligation under this order where such a failure or delay is caused by labor troubles (including, without limitation, strikes, slowdowns and lockouts), civil disturbance, war, acts of terrorism, weather, Government regulations, inability to obtain or revocation of export or import licenses, interruptions of or delay in transportation, materials shortages, power failures, accident, or other cause of like or different character beyond Seller’s control.
Prices do not include tax. Taxes will be added, in all cases, unless an exemption certificate is on file with the Seller. Buyer shall pay the amount of any applicable sales, use, compensating, intangibles, gross income or like tax, import duties and similar charges levied by any governmental authority in connection with this order.
Seller takes exception to and hereby objects to all hold harmless and indemnity provisions, either express or implied, set forth in Buyer’s order that seek to impose liability on Seller.
No alternates quoted herunder are garenteed equal to the specified materials and alternates are subject to the approval of Buyers’s specifying agent unless otherwise agreed in writing. Prices quoted are F.O.B., point of shipment with full freight allowed at job site with unloading by Buyer.Seller reserves the right to invoice for additional expenses incurred due to partial release of the specified materials. Delivery dates are not guaranteed and delinquency in delivery will not constitute grounds for charge back, setoff, or other damages or claims of damage against Seller.
Consistent with industry custom and practice, Seller will deliver goods to the specified address even if there is no one there to sign for them, unless Buyer instructs Seller otherwise in writing. Buyer agrees to pay all costs of delivery or redelivery.
In the event of any breach or default by Buyer on the terms and conditions of sale set forth herein; Seller may employ any company, corporation, agency or attorney to collect any and all amounts owing from Buyer to Seller, including but not limited to purchase price, service charges,delivery charges and taxes; and Buyer shall pay to Seller all costs, expenses and fees, including reasonable attorneys’ fees, incurred by Seller in the enforcement of the said terms and conditions of sale.
By executing this invoice, the Buyer represents to the Seller that as of the date hereof the Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due and that it is solvent within the meaning of applicable Federal Bankruptcy laws.
A service charge of 1-1/2% per month (APR 18%) will be charged on all past due balances.
All claims for shortage or allowances must be made in writing on date of delivery.
Material furnished for use in the improvement of real property may be subject to the mechanics’ lien laws of the jurisdiction in which the materials used.