TERMS & CONDITIONS
1. RETURNING GOODS: Solely at the discretion of the SELLER credit may be issued less a restocking charge established by the SELLER on goods returned to the SELLER’S premises unopened and in reusable condition within thirty (30) days from the date of delivery. Goods shall not be returned to SELLER without SELLER’S permission. In no case shall a credit be issued for out of date products nor for damaged products (unless covered by warranty).
2. DELIVERY POLICY: In most instances, orders received by 3:00 p.m. are delivered the following day except for weekends and holidays. Operating hours are 8:00 a.m. to 4:30 p.m. Monday thru Friday (except for holidays).
3. WARRANTIES AND DISCLAIMERS: Buyer agrees to familiarize itself and its employees with the risks and hazards involved in the handling, storage, and usage of the products, equipment and containers furnished to BUYER by SELLER. BUYER further agrees to take all necessary safety precautions to prevent loss, damage or injury to itself, its employees, its customers and others. Product contained in the containers covered by this invoice conform to the standards specifications established by the SELLER and are produced in compliance with the requirements of the Fair Labor Standard Act. SELLER disclaims any expressed or implied warranties of the product as far as meeting or filling any specific conditions or criteria or for any particular use of purpose other than those specified. SELLER also disclaims any warranty of merchandise purchased under any other trade name or trade mark. BUYER agrees to look solely to the manufacturer of such product for any questions or issues involving expressed or implied warranties of such products. No claim shall be made nor allowed against the SELLER for an amount greater than the purchase price on the particular invoice of the product or item in question. SELLER’S only liability in respect to the products delivered, which fails to meet the standards, shall be that the replacement product delivered is of merchantable quality and shall conform to standards as set forth above. Failure to give notice of claim within fifteen (15) days of date of delivery shall constitute waiver by BUYER of all claims to the product. There are no warranties that extend beyond the description on the face of this invoice. Equipment sold under this Agreement shall be covered by the original manufacturer’s warranty. No representative, dealer, distributor or any other person is authorized or permitted to make other warranties or obligate this Company to any liability not strictly in accordance with this policy.
4. MODIFICATIONS: Verbal representation of any kind by either party shall not be enforceable nor shall such modify any of the printed terms.
5. WAIVER: A waiver by the SELLER of any term or condition shall not constitute a continuing waiver, but on the contrary shall only constitute a waiver of the express promise, act of condition specifically thereby waived.
6. TERMS OF PAYMENT: The terms of payment applicable to this order are SELLER’S regular terms or those specifically quoted to BUYER in writing. In the event BUYER fails to fulfill the terms of payment, or in case SELLER shall have any doubt at any time as to BUYER’S financial responsibility, SELLER may decline to make further deliveries except upon receipt of cash or satisfactory security. Any invoice not paid by the 10th of the following month from the date of that invoice shall be deemed pas due. A $25.00 charge will be made on all checks returned by the bank unpaid. An open credit charge of $1.00 may be added to all invoices other than C.O.D. deliveries. In the event this invoice is not timely paid, BUYER agrees to pay all reasonable costs, fees, including attorney’s fees and expenses incurred by SELLER in collecting monies due or to become due hereunder.
7. TERMS OF SALE : ALL UNFILLED OR PARTIALLY UNFILLLED ITEMS ARE BACKORDERED UNLESS NOTED OTHERWISE. SERVICE CHARGE: A $25.00 CHARGE WILL BE MADE ON EACH UNPAID CHECK RETURNED BY BANK. THE BUYER HEREIN ASSENTS TO AND ACCEPTS THE ABOVE SUBJECT TO THE CONDITIONS AND TERMS AS SET FORTH ON BOTH THE FACE AND THE REVERSE OF THIS INVOICE. ADDITIONALLY, THE TERMS HEREIN ARE FURTHER SUBJECT TO THE TERMS OF ANY WRITTEN CONTRACTS REPSENTLY IN EFFECT BETWEEN SELLER AND BUYER AND PERTAINING TO THE SUBJECT MATTER OF THIS INVOICE. THER TERMS AND CONDITIONS STATED ON THE REVERSE SIDE HEREOF, ARE INCORPORATED BY THIS REFERENCE WHICH BY SIGNING I REPRESENT THAT I HAVE READ AND TO WHICH BUYER AGREES, THE AUTHORIZED SIGNATORY ACKNOWLEDGES RECEIPT OF THE GOODS AND SERVICE LISTED ON THE FACE OF THIS INVOICE AND AGREES TO PERSONALLY GUARANTEE PAYMENT FOR SUCH AND TO NOTIFY SELLER OF ANY CHANGE OF OWNERSHIP IN THE BUSINESS OR CORPORATION, ALL AMOUNT OVER 60 DAYS SUBJECT TO 1 ½% MONTHLY SERVICE CHARGE.
THIS IS TO CERTIFY THAT THE MATERIALS ON REVERSE ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED, AND ARE IN PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.