GENERAL: The Terms and Conditions of Sale contained herein apply to all quotations made, all purchase orders entered into by Seller, and acceptance by Seller of any order by confirmation shall be on the basis of these Terms and Conditions of Sale, even though no reference is made thereto at the time of acceptance. All terms and conditions contained in any oral or written communication, including, without limitation, Buyer’s purchase order, which are different from, or in addition to, the Terms and Conditions of Sale herein are hereby rejected and shall not be binding on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. Seller’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms and Conditions of Sale. Buyer’s assent to these Terms and Conditions of Sale shall be deemed to be given by implication unless Buyer gives written notice of objection to Seller promptly under receipt of this document. Any changes in the Terms and Conditions of Sale contained herein must specifically be agreed to in writing by an Officer of Seller before becoming binding on Seller.
ACCEPTANCE AND MINIMUM ORDER QUANTITY: All orders are subject to acceptance in writing by Seller or a duly authorized agent, and Seller reserves the right to accept or reject any orders in whole or part. Shipping dates on acceptance confirmations are approximate. Orders for Stock Cords must be in full case quantities. Seller reserves the right to ship and invoice Buyer for a quantity of products, which may vary up to five percent (5%) over or under the quantity requested by Buyer, and Buyer shall accept delivery and pay for such revised quantity. A handling charge will apply to orders with a value of less than $500.
CANCELLATION OF ORDERS: Cancellation of an order is subject to acceptance by the Seller. Buyer will be responsible for taking delivery and paying for all products that are custom manufactured to Buyer’s specifications. If raw materials have been purchased but not incorporated into finished goods, then a cancellation fee will apply based on the value of the raw materials.
RE-SCHEDULING SHIPMENTS: If the Buyer requests that the Seller delays the delivery schedule originally agreed upon by the two parties for a period of more than sixty (60) days, the order will be subject to storage and/or interest fees based on the quantity of product being held. If the order is delayed more than one hundred twenty (120) days, Seller has the right to ship and issue invoice for product that has been delayed by Buyer’s request.
PRICES: Prices are firm for the period set forth in the quotation for the quantities listed, but are subject to revision if quantities and/or shipping schedules are changed by Buyer, or if the delivery schedule exceeds ninety (90) days from the purchase order date. Seller reserves the right to correct errors in pricing due to inaccurate or incomplete information, clerical mistakes or other causes.
TERMS OF PAYMENT: All payments must be in US Dollars. Payments made by wire transfer must include the wire transfer fee with no deductions from the amount due Seller. Orders are subject to credit approval by Seller, which may in its sole discretion at any time change the terms of Buyer’s credit terms, or require payment in advance. Buyer agrees to submit such financial information as Seller may reasonably require for determination of credit terms and/or continuation of credit terms. Buyer agrees to pay according to the Seller’s payment terms.If Buyer fails to pay any invoice when due, Seller may hold shipment of any order(s), and/or hold production on products custom made to Buyer’s specifications, until such payment is made. Buyer will remain liable to pay for any products already shipped. All past due amounts are subject to interest charges at the rate (1.5%) per month, or the maximum rate permitted by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees.Any disputed amounts should be reported immediately to Seller. If Seller agrees with the billing dispute, a credit memo will be issued to the Buyer for the amount agreed upon. All billing disputes must be reported within thirty (30) days of the invoice date, or will be deemed to be waived.
SALES TAX: When required by law, Seller will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Buyer’s shipment. These taxes are in addition to the purchase price of the products. Buyer will be charged tax unless Buyer is tax exempt and Seller has a valid signed tax exemption certificate on file.