Invoices due and payable 30 days after invoice date as shown on invoice unless otherwise noted.
On all past due invoices, we reserve the right to assess a finance charge at the maximum rate permitted by law; we also reserve the right to assess attorney’s fees and/or collection agency fees if necessary to collect past due invoices.
Seller warrants that items purchased from Seller, to the extent manufactured by Seller, are free from defects in workmanship and material for a period of six (6) months after receipt of said items by the Customer. This warranty shall be in effect only if (i) the items are properly used; specifically warranties do not cover failure resulting from damage, accident, abuse, misapplication, incorrect installation or fluid contamination, (ii) written notice of the defect is given to Seller during the period of warranty, and (iii) no alterations or substitutions have been made in the items.
Seller’s obligation under this warranty is limited to and shall be fully discharged by repairing any defective item or supplying a similar item. All repairs are to be made at Seller’s place of business, with costs of shipping to and from Seller’s place of business to be paid for by Customer.
Seller makes no warranty as to items supplied by it but manufactured by others. In such event, Seller agrees to assign to the Customer the standard warranty of the manufacturer.
THE WARRANTIES FURNISHED BY SELLER IN THIS PARAGRAPH ARE IN LIEU OF ANY OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding anything to the contrary provided in this warranty, Seller shall not be liable for any consequential damages, and the amount of damages recoverable by a Customer shall not exceed the purchase price paid by the Customer to Seller for the defective item.
Prices are firm as of date quoted, but are subject to being increased in an amount that would be contained in any formal price increase announced by our vendors subsequent to the date quoted.
Payment shall be applied first to the unpaid invoice first incurred, and then to those next incurred, until all outstanding invoices are paid in full unless certain invoices are formally disputed.
Proposals and Quotes
Proposal and/or quotes are intended only as a guide for the Customer to consider the system and/or the components shown, and upon purchase of such products Customer assumes responsibility for the suitability, fitness or functional safety of the components or system as actually applied and/or used by the Customer, or as modified by any user of equipment. All technical advice, suggestions and recommendations are rendered by Seller free of charge. Such advice, suggestions and recommendations are based upon data which Seller believes to be reliable and is intended only for use by experts at their own risk. Seller shall have no liability or responsibility to the Customer for alleged or actual damages incurred from the use of any such technical advice, suggestions, recommendations or services.
Returns and Credits
Customers are required to obtain Seller’s authorization prior to returning any merchandise purchased pursuant to this invoice. All returns must be freight prepaid. Credit for returns is subject to inspection and a possible restocking charge.
Credit to an account will be given for cores returned by Customers subject to Seller’s acceptance of the core. Seller’s judgment and decision as to the acceptance of the core shall be final.
Acceptance of Terms
Any and all sales are subject to the terms and conditions herein, which terms and conditions and the other provisions of this invoice constitute the entire agreement between the Customer and the Seller. By its shipment of the items on this invoice, Seller rejects acceptance of any terms and conditions of any purchase order submitted to it by the Customer. No representative has any authority to waive, alter, vary or add to the terms hereof without prior approval in writing and signed by an officer of Seller.
Prices do not include sales, use, excise or similar taxes, or any federal or state taxes and, where applicable, such taxes shall be billed as a separate item and paid for by the Customer. If appropriate, Customer shall provide Seller with a tax exemption certificate acceptable to the appropriate taxing authorities. Customer agrees to pay any additional taxes arising from an ultimate use different from that indicated on the tax exemption certificate furnished to Seller.
Unless otherwise noted, all sales are FOB point of shipping; in all cases, title shall pass from Seller to Customer on delivery to the carrier at the point of shipment, and thereafter, all risk of loss or damage belongs to the Customer. Seller reserves the option to deliver the products purchased in installments from time to time within the time of delivery specified.
If, in the sole judgment of Seller, the financial condition of the Customer at the time of shipment does not justify the terms of payment specified, Seller reserves the right to require full or partial payment before shipment and suspend any further performance until such payment has been received.
Seller shall not be liable for failure to deliver or for delays in delivery or performance due to acts of God or any commercial impracticality. Seller shall make every attempt to meet buyer’s required delivery date; however, Seller shall not be liable for any penalties or consequential damages from late deliveries. Unless Customer reasonably conveys specific instructions with respect to method of shipment, Seller will exercise its own discretion with respect thereto.
The Customer grants to the Seller a security interest in Customer’s equipment, contract rights, inventories, receivables and proceeds of sales as collateral to secure the Customer’s performance of all obligations. The Customer further authorizes the Seller to file a financing statement without Customer’s signature.