1. TERMS OF PAYMENT: Buyer understands that all extensions or continuations of credit to Buyer by Seller shall be made on a transaction-by-transaction basis in the sole discretion of Seller and that Seller reserves the right to increase or decrease credit limits at its sole discretion. Buyer agrees to pay for all purchases from Seller in accordance with Seller terms of sale. If, at any time, for any reason Buyer is unable to pay for said purchases when due, and in the event it becomes necessary for Seller to incur collection costs or institute suit to collect any amount due, Buyer and any guarantor(s) agree to pay such collection and other costs, charges and expenses, including reasonable attorneys’ fees and commissions, incurred in connection therewith. Interest shall be charged on the balance due at the lower of 1.5% per month or the maximum legal rate. The Buyer makes this application intending that Seller shall rely upon this and such financial information appended for the purpose of obtaining merchandise on credit from Seller. Buyer understands that all extensions or continuations of credit to Buyer by Seller shall be made on a transaction-by- transaction basis in the sole discretion of Seller and that Seller reserves the right to increase or decrease credit limits at its sole discretion. This agreement shall inure to the benefit of seller, its successors and assigns. It shall bind the Buyer, their legal representatives and assigns.
2. RETURNING GOODS: Claims of any kind or nature as to any product purchased must be made in writing within ten (10) days after receipt of the goods. Any claims not made in writing within the time limits above set forth are specifically barred. Buyer must make available for inspection and examination by SELLER all goods which Buyer claims to be defective. SELLER may replace any goods claimed by Buyer to be defective within a reasonable time after Buyer makes them available for inspection and examination and such replacement shall constitute a satisfaction and discharge of all claims of Buyer relative to goods so replaced. Buyer’s right to cancel goods by reason of defects shall at all times be limited to that portion of the goods actually defective.
3. DELIVERY POLICY: In most instances, orders received by 3:00 p.m. are delivered the following day except for weekends and holidays. Operating hours are 8:00 a.m. to 4:30 p.m. Monday thru Friday (except for holidays).
4. WARRANTIES AND DISCLAIMERS: Buyer agrees to familiarize him/herself and fellow employees with the risks and hazards involved in the handling, storage, and usage of the products, equipment and containers furnished to Buyer by Seller. Buyer further agrees to take all necessary safety precautions to prevent loss, damage or injury to itself, its employees, its customers, and others. Product contained in the containers covered on the invoice conform to the standard specifications established by the Seller and are produced in compliance with the requirements of the Fair Labor Standard Act. Seller disclaims any expressed or implied warranties of the product as far as meeting or filling any specific conditions or criteria or for any particular use of purpose other than those specified. Seller also disclaims any warranty of merchandise purchased under any other trade name or trademark. Buyer agrees to look solely to the manufacturer of such product for any questions or issues involving expressed or implied warranties of such products. No claim shall be made nor allowed against the Seller for an amount greater than the purchase price on the invoice of the product or item in question. Seller’s only liability in respect to the products delivered, which fails to meet the standards, shall be that the replacement product delivered is of merchantable quality and shall conform to standards as set forth above. Failure to give notice of claim within fifteen (10) days of date of delivery shall constitute waiver by Buyer of all claims to the product. There are no warranties that extend beyond the description on the face of this invoice. Equipment sold under this agreement shall be covered by the original manufacturer’s warranty. No representative, dealer, distributor, or any other person is authorized or permitted to make other warranties or obligate this Company to any liability not strictly in accordance with this policy. If the goods sold henceforth are processed products: (i) all goods in packaged form are sold at net weight when packaged or wrapped; and (ii) no allowance is made or is to be made for shrinkage due to natural causes. Seller guarantees that at the time of shipment, the goods are not adulterated or misbranded within the meaning of the Federal Food Drug and Cosmetic Act nor an article which may not under the provisions of Section 404 or 505 of such Act be introduced into Interstate Commerce.
5. MODIFICATIONS: Verbal representation of any kind by either party shall not be enforceable nor shall it modify any of the printed terms.
6. WAIVER: A waiver by the Seller of any term or condition shall not constitute a continuing waiver, but on the contrary shall only constitute a waiver of the express promise, act of condition specifically thereby waived.