TERMS AND CONDITIONS OF INVOICE
The seller agrees only to supply the materials or like-kind materials, listed on the invoice at the unit prices shown. The invoice unless otherwise indicated in writing, does not constitute a “lump sum” bid nor does the seller warrant or represent that the quantities shown or price(s) will be adequate to supply the buyer’s project or job. Buyer assumes all responsibility for the specifications, quantities, omissions, and clerical errors. (i.e. transpositions, errors in extensions, quantities, footage, or addition): and accordingly, buyer is urged to check and review all the specifications, pricing, extensions and addition; seller reserves the right to correct the same. The invoice does not constitute an approval or extension of credit to buyer.
TERMS AND CONDITIONS OF SALE
- TERMS OF PAYMENT: Payment is due immediately upon receipt of goods at Seller’s premises. Seller reserves the right to refuse payment by check or draft. If a check or draft accepted by the Seller is returned by the drawer’s bank unpaid for whatever reason, buyer agrees to pay seller $35.00 as a service charge for the cost incurred by the seller to collect the funds stated in the returned check or draft.
- CHARGE SALES: If seller elects to extend buyer credit, all invoices are due and payable net on or before the 10th of the month following the month of delivery. A late penalty charge of 2% per month will be added to all past due invoices over 30 days old. If buyer becomes, or is, insolvent, bankrupt or any proceeding materially affecting his business or property is instituted against buyer; or buyer fails to pay seller’s invoices when due, seller shall, at its option, be free to curtail or discontinue its sales or deliveries for so long as such conditions shall continue. In addition, buyer shall be responsible and obligated to pay all court cost, reasonable attorney’s fees, and other expenses incurred by the seller in the collection and liquidation of buyer’s past due charges.
- MECHANICS LIENS: Buyer. As an inducement to Seller to sell and deliver the items agreed upon, hereby expressly represents to Seller that Buyer has not done and will not do, either directly or indirectly, anything whatsoever which has, or will have, the effect of releasing, waiving or surrendering the Mechanics’ Lien rights of Seller to the property to be improved. No Waivers of Lien for materials shall be required of Seller until the same shall have been fully paid for. Upon demand of Seller, Buyer shall be obligated to immediately furnished Seller with all necessary legal descriptions and all other relevant information for the Seller to perfect a Mechanics Lien. Buyer agrees to pay for all court cost, recording fees, reasonable attorney fees, and other expenses incurred by Seller in securing Seller’s Mechanics Lien rights in the event of default by the Buyer to pay according to the terms stated in paragraph 3 hereof.
- CANCELLATION: All sales, prices, deliveries, and contracts are made subject to strikes, lockouts, fires, explosions, accidents, tornadoes, floods or storms. Other acts of God, demands or request made by the United States other governmental entities, delays of carriers and any other matter or thing beyond Seller’s reasonable control; and upon the happening of such event or events, the Seller’s election so to do or of so doing.
- CONDITIONS OF DELIVERY: Buyer shall have an agent on the job site sign a receipt for all materials. In case of agent’s absence, Seller may, at its option, deliver the same, and the driver’s signature and statement in writing as to articles so delivered shall be conclusive proof of delivery as to the price, time and articles when delivered and receipted for, as above, shall become the sole responsibility of buyer thereafter. Acceptance of any delayed delivery of materials shall constitute waiver of any claim arising as the result of said delay, incidents of manufacturer’s or material shortage must be reported to Seller verbally within 48 hours of delivery and confirmed in writing within 10 days of delivery. If the condition of the mis-manufactured item is not apparent, then said report should be made within 48 hours of discovery. Seller shall be afforded the right to inspect and adjust said item within a reasonable time after written notice is received. Failure to give said notice, confirmation, and opportunity to inspect shall constitute a waiver of all claims. Without limiting the generality of the foregoing, Seller shall not be liable to Buyer for any loss of prospective profits or for any collateral damages incurred because of any late or non-delivery or any defect in the materials listed or ordered.
- MATERIALS RETURNED: Except for custom or specially manufactured electrical products and equipment, materials may be returned for credit in 30 days from the date of sale so long as said equipment, materials have sustained no visible damage, wear or tear and are presented with a receipt as proof of purchase. Authorized returns in good, saleable condition are credited at invoice price. All custom or special manufactured ordered, non-stock merchandise including wire, sealtite and pipe cuts may not be returned.
- DEFECTIVE MATERIAL: 30 days warranty policy then subject to manufacturer warranties.
- ALLOCATION-SUBSTITUTION: “Seller reserves the sole right during the term hereof, to allocate and/or substitute for all such items which are unavailable to Seller in the market at the time of shipment. If substituted of allocated items are unacceptable to Buyer for reasonable cause, Buyer shall be free to purchase said items elsewhere without further obligation or recourse against the Seller.