Governing/Controlling Stipulations. The Conditions and Conditions included in Seller's Credit Application and within this file shall govern this transaction and, except as explicitly provided herein, shall supersede any purchase order submitted to Agent by Consumer. The other conditions and terms included in any previous communication between Consumer and Seller, written or oral, including, without limitation, Customer's purchase order, aside from the identity of and amount of the product(s) being purchased, are null and void and are hereby rejected and shall not be binding upon Seller. Customer shall have assented to all terms and conditions included herein if any part of the Goods described herein have been sent or a statement is presented in contact with said Goods.
Rates. Except for written Occupation Quotes that Expressly allow cost protection for some length of time, all rates are subject to change by Seller without notice. If prices change, Customer agrees to take the new rates.
Payment Conditions. All Reports are due and payable Depending upon the conditions stated on the relevant invoice of Seller and the remittance address represented on these invoices. Customer agrees to help Seller in taking any activity Seller deems necessary or proper to protect and perfect Seller's security interest, including the filing of any financing statements, continuation statements and other documents under the Uniform Commercial Code (or any other similar laws) in effect in any jurisdiction related to the security interest created hereby.
If Client fails to make any payment To Seller when due, Customer's store account or job balances with Seller shall become immediately due and payable without demand or notice. Customer acknowledges and agrees it'll be billed one and one half per cent (1 1/2percent) monthly for a service fee also up to this maximum interest allowed by law on any unpaid balance which hasn't yet been repaid by the date due and will be accountable for all expenses of collection and enforcement of the provision, including lawyers' fees and court expenses. Customer agrees to immediately pay said service cost and interest. Any part of a month shall be deemed a complete month for the purpose of calculating any service cost and interest. Waiver of any service charge or interest for any given month from Agent shall not be deemed a waiver of any service fees or interest.
Taxes. Quoted, all taxes, including, without limitation, sales, use and vandalism, imposed by any existing or future law on the sale or use of the Goods covered thereby, unless Customer offers Seller with an exemption certificate acceptable to the relevant taxing authorities. Any taxes which Seller may have to pay or collect under any present or future law with regard to the sale, purchase, delivery, storage, processing, consumption or use of any one of the Goods sold hereunder will be for the account of Customer, who will immediately pay the amount thereof to Seller upon demand.
Claims. When the Goods are damaged or faulty as well as the producer acknowledges obligation under its guarantee or otherwise, Seller may, but shall not be required to (I) replace the faulty or damaged Goods from stock, when available, or (ii) enable Customer a credit for the quantity of the purchase price of the Goods. Under no circumstances and in no event shall Seller be responsible for personal injury, death or property damage, or some loss, damage, labor, cost of repair or replacement, or specific, exemplary, consequential, incidental, indirect, punitive or liquidated damages, losses, or expenses (whether depending upon negligence), including lost profits, lost earnings, lost earnings, business interruption or lost company, even if Seller has been advised of the possibility of these damages. In no event will Seller's obligation to Consumer exceed the cost of the Goods bought.
Unique Orders. Orders for Goods That Seller does Not regularly stock might not be cancelled or returned (unless the maker retrieves the return) for whatever reason after Seller has placed the order with the producer. Unique packing or handling requests by Client shall be at Customer's cost.
Owner's prior written consent and Consumer's evidence of purchase. All returns are subject to cargo, handling, and restocking fees. Special order or non/stock item yields are subject to manufacturers' acceptance and charge for such yields is depending upon that acceptance. Customer's sole and exclusive remedy for Goods alleged to be defective shall be restricted to the manufacturer's warranty and guarantee, if any.
Consumer agrees that Seller will Enforce any credits issued to Consumer against Consumer's unpaid bills. If Client does not have any outstanding bills, Seller will issue a refund upon Customer's written request. Customer shall not be allowed to set off any sums or credits because of Customer against any amount due Seller in connection with this trade.
Delivery; Sexy Orders. Seller shall not be Responsible or Responsible for any damage or loss because of any delays in delivery, or failure to supply the Goods because of any conditions beyond Seller's control, including, but not restricted to fire, flooding, earthquake or other casualty, injuries, transportation delays, labor disputes, civil disorders, governmental orders or activities, acts of terrorism or war, or inability to fasten Goods from Seller's usual sources of supply. In no event shall Seller be responsible for any special, exemplary, consequential, incidental, indirect, punitive or liquidated damages, losses, or expenses (whether depending upon negligence), including lost profits, lost earnings, lost earnings, business interruption or lost company, even if Seller has been advised of the possibility of these damages. In no event shall Seller's liability to any third party exceed the cost paid by Customer or such party to your particular Goods or part of the Goods giving rise to this claim or cause of action. Back orders will be sent as received unless Consumer and Agent agree to different conditions.