Entire Agreement
If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.
Controlling Terms
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties. No different or additional terms in Buyer’s purchase order or communications shall be binding upon Seller.
Acceptance of Orders
Seller may accept buyer’s offer to purchase by execution of the acknowledgment copy of the order, electronic transmission, or delivery of the Goods to carrier.
Prices
Unless indicated otherwise, all prices are quoted on a per pound basis. Buyer is responsible for any tax or government charges imposed upon the sale.
Taxes
Buyer is responsible for any tax or governmental charge. All prices are FOB Seller’s facilities. Freight costs will be added to the invoice.
Delivery & Risk of Loss
All delivery dates are estimates. Title to the Product passes to Buyer when Product is delivered to the selected carrier. Seller shall not be liable for any expense or damage resulting from delivery delays.
Warranty & Limitation of Liability
Seller warrants Products are free from defects at the time of delivery. Seller’s liability shall not exceed the amount paid by Buyer for the products under the invoice.
Return of Material
Buyer has five (5) days to inspect Product and notify Seller in writing of any defects. Failure to reject Product within this period constitutes irrevocable acceptance.
Payment Terms
Net cash thirty (30) days from the date of Invoice. Overdue amounts accrue interest at 1.5% per month. Buyer shall reimburse Seller for any collection costs, including attorney fees.
Indemnity & Law
Buyer shall indemnify Seller against all claims arising from alterations, improper handling, or breach of these terms. This document is governed by the laws of the State of America; the UN Convention on the Sale of Goods is specifically excluded.