1. All invoices are net and due and payable 30 days from date of invoice unless otherwise indicated on our Acknowledgement and/or invoice. A monthly carrying charge of 2% will be added to past due accounts or the maximum permitted by law, if less.
2. Delivery is subject of Federal and State laws and regulations, fires, strikes, disputes with workmen, floods, accidents, embargoes, delays in transportation, shortage of cars, shortage of fuel, or other material, shortage of labor and any other causes beyond the Seller’s control. Seller assumes no responsibility for damages incurred due to non-delivery.
3. Quotations and sales are FOB point of shipment and title to all properties sold shall pass upon delivery to carrier, unless otherwise expressly stated. In such stated cases, and in the event of damage or loss in transit, consignee must give immediate written notice to the carrier’s agent at destination and to the Seller. Within five (5) days after receipt of goods, the Seller must be notified of any claims for shortages, errors in shipment or errors in charges.
4. If the Buyer fails to fulfill the terms of payment of any order between the Buyer and the Seller, the Seller may defer further shipments until such payments are made or may cancel any or all unshipped orders. The Seller reserves the right to require form the Buyer, at any time, satisfactory security for performance of the Buyer’s obligations under any order placed with the Seller and refusal or failure to furnish such security will entitle the Seller to suspend shipment until such security is furnished or to cancel the order, or orders, or the unshipped portion thereof. Seller reserves a security interest in the material, which is the subject of the sale until payment in full is received and the Buyer agrees to do everything necessary to preserve and perfect such interest under applicable law.
5. Seller warrants the merchandise sold pursuant to this instrument to be free from defects in materials and workmanship for a period of ninety (90) days from delivery of the merchandise. At Seller’s option, Seller will repair or replace any such defects at its cost. Buyer shall be responsible for freight to and from Seller’s place of business. Buyer shall obtain a written authorization from Seller prior to the return of any defective merchandise. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
6. Seller’s warranty with respect to products shown is void if the service conditions are not accurately and completely disclosed to the Seller. If such conditions are different form those approved or recommended in our current published literature, written approval by the Seller is required.
7. 30 day Guarantee- If you are not satisfied with your purchase for any reason, you may return your purchase in its original condition for up to 30 days after receipt for store credit. Before returning any item, please call to obtain a Return Authorization Number from one of our agents. This number will help us adjust your account as quickly as possible. We will ask the reason for the return, your purchase order number, and the date of purchase. Buyer will be responsible for all freight charges to send the item(s) back to the Seller. A 15% restocking fee will apply to ALL orders returned. Special or custom orders are NON-RETURNABLE.
8. No claim by Buyer against Seller in connection with the merchandise, which is to be sold pursuant to the provisions of this instrument shall exceed the purchase price of the merchandise. ALL LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXCLUDED.
9. Materials shall be subject to Seller’s standard manufacturing variations, classifications, and extras. Seller reserved the right to change specifications at any time without incurring any obligation for products previously or subsequently sold. All goods made to special specifications are deemed to be inspected and accepted before shipment is made. Orders for goods “Made to Order” may not be canceled.
10. Any taxes excises, levies or charges which the seller may be required to pay or collect under any existing or future law, upon or with respect to services and/ or the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the material covered herein shall be for the account of the Buyer and the quoted or otherwise applicable prices shall be increased thereby.
11. Failure of the Seller to enforce any of these conditions or to exercise any right occurring through the default of the Buyer shall not affect or impair the Seller’s rights in case such default continues or in case of any subsequent default of the Buyer and such failure shall not constitute a waiver of Seller’s rights in regard to the other or future defaults of the Buyer.
12. No statement or recommendation made or assistance given by the Seller or its representatives to the Buyer or its representative in connection with the use of any products by the Buyer, shall constitute a waiver by the Seller or any of the provisions herein or affect the Seller’s liability, as herein defined.
13. Seller certifies that goods of its manufacture covered hereby were produced in compliance with all applicable requirements of Section 6,7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the US Department of Labor issued under Section 14 thereof.
14. There are no understandings or agreement between the Buyer and the Seller relative hereto which are not fully expressed herein, and no changed made herein shall be valid unless it is made in writing and signed by both parties.
15. The validity, interpretation or performance of this transaction as well as the rights and duties or the parties hereunder shall be interpreted and construed pursuant to and in accordance with the laws of the State of Illinois and with applicable federal procurement laws.
