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  1. In order to give Seller a reasonable opportunity for investigation, any claim 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.
  2. Unless otherwise stated, all sales are made F.O.B. place of shipment, and shipment or delivery shall be considered a separate and independent transaction.
  3. If in Seller’s Judgment, 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.
  4. Buyer shall pay reasonable costs and expenses, including attorneys’ fees incurred by Seller in collecting any amount due with respect to goods ordered.
  5. Seller shall under no circumstances be responsible for failure to fill any order or orders when due to: fires; flood; riots; strikes; freight embargoes or transportation delays; shortage of labor; inability to secure merchandise from Seller’s usual sources of supply; Acts of God or of the public enemy; any existing or future laws or acts of the Federal or of any State Government; or to any cause beyond Seller’s reasonable control.
  6. The goods sold by Seller are the products of reputable manufacturers. 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, will 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.
  7. It is understood that the prices shown in the Buyer’s purchase order do not include any sales, use or 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 such taxes or charges paid by Seller.
  8. Any of the terms and provisions of Buyer’s purchase 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 hereon. 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.
  9. No waiver, alteration or modification of any of the provisions hereof shall be binding on the Seller unless in writing by an officer of the Seller.
  10. Waiver of either party of any default by the other hereunder shall not be deemed a waiver by such party of any future default.
  11. Title of merchandise passes at the point of shipment. Claims for short or damaged merchandise must be made directly to the carrier by Buyer.
  12. Merchandise returned without Seller’s consent will not be accepted. A restocking charge of 20%, 30% after 30 days of date of invoice will be made on returned goods unless merchandise is defective or supplied through error on Seller’s part.
  13. Payment terms are specified on front of invoice and web order confirmations. Cash discounts as specified in payment terms will be allowed for deduction on or before the 10th day of the month following billing. Cash discounts are not offered on items sold under net terms, freight, or sales tax.
  14. A service charge will be made on past due amounts at a rate of 1½% per month, but not to exceed the highest amount lawfully allowed by this state, on the 26th day of the month following the date of the invoice.


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