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TERMS AND CONDITIONS
- D&F reserve the right to reject any bid and are not required to accept the highest offer to purchase.
- It is understood that the prices shown on Buyer's purchase order do not include any sales use, other taxes or charges payable to State or local authorities. Any such taxes or charges now or hereafter imposed with respect to sales or shipments hereunder shall be added to such prices and paid by Buyer, and Buyer shall reimburse Seller for any taxes or charges paid
by Seller.
- Unless otherwise stated, all sales are made F.O.B. place of shipment or delivery shall be considered a separate and independent transaction.
- If in Seller's judgement, the financial condition of Buyer, at the time all or any portion of the
merchandise ordered is ready for shipment or delivery, does not justify the terms of payment
specified, Seller shall have the right to require full payment in cash before shipment or delivery.
- Buyer shall pay reasonable costs and expenses, including attorneys fees incurred by Seller
collecting any amount due with respect to goods ordered.
- Seller shall under no circumstances be responsible for failure to fill any order or orders when
due to: riots; strikes; freight embargoes or transportation delays; shortage or labor;
inability to secure merchandise from Seller's usual sources of supply; Acts of God or the
public enemy; any existing or future laws or acts of the Federal or any State Government;
or to any cause beyond Seller's reasonable control.
- The goods sold by Seller are the products of reputable manufactures. SELLER, THEREFORE, GIVES NO WARRANTY, EXPRESSED OR IMPLIED, EITHER AS TO
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR
OTHERWISE. However, Seller, in accordance with its customary practice, shall replace
or issue credit for such of its products as may seem defective in workmanship or material.
Seller shall not under any circumstances be responsible for any special, direct, indirect or
consequential damages to persons or property caused by the faulty operation of merchandise
sold.
- In order to give Seller a reasonable opportunity for investigation, any claims by Buyer against
Seller based wholly or in part upon or in any manner related to this agreement and / or the
merchandise sold hereunder shall be made in writing and delivered to Seller within fourteen (14) days after the date of sale or occurrence giving rise to the claim, whichever shall be later;
otherwise such claim shall be waived. Each notice of claim shall set forth fully the facts on
which the claim is based.
- Any of the terms and provisions of Buyer's purchases order which are inconsistent with the
terms and provisions hereof shall not be binding on Seller and shall not be considered
applicable to the sale or shipment of the merchandise referred to herein. Unless Buyer
shall notify Seller in writing to the contrary as soon as practicable after receipt of this
acknowledgement by Buyer, acceptance of the terms and conditions hereof by Buyer shall
be indicated, and in the absence of such notification, the sale and shipment by Seller of
the merchandise covered hereby shall be conclusively deemed to be subject to the terms and
conditions hereof.
- No waiver, alteration or modification of any of the provisions hereof shall be binding on
the Seller unless in writing and signed by an officer of the Seller.
- Waiver by either party of any default by the other hereunder shall not be deemed a waiver
such party of any future default.
- Title to merchandise returned passes at point of shipment. Claims for short or damaged
merchandise must be made directly to the carrier by Buyer.
- Merchandise returned without Seller's consent will not be accepted. A restocking charge
shall be made on returned goods (20% returned within 30 days of the date of invoice,
30% after the 30 days) unless merchandise is defective or supplied through error on
Seller's part.
- Seller prepays all freight and transfers charges onto customer via invoice billing. Buyer may request to be billed directly from the shipping company; however, this must be done prior to shipment.
- Minimum invoice charge is $25.00.
- Payment terms: Net.
- Seller does not issue refunds on open accounts. However, a refund check can be issued on the condition that the account is closed. If Buyer wishes to do business with Seller in the future, the credit application process must be completed again.
- A service charge will be made on past due amounts at a rate which is greater of 10% per annum, or 5% over the Federal Reserve advance rate on the 25th day of the month preceding the due date which is the 26th day of the month following the date of invoice.
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