Terms and Conditions of Sale
1. In the event that this invoice is not fully paid within the specified time, Seller has the right to and may enter any premises where the merchandise may then be and re-take same wither with or without legal process but without breach of the peace. Risk of loss or damage to the merchandise herein passes to the Buyer at the time that delivery of the said merchandise is made to a carrier at the manufacturer’s shipping point or is placed upon the Sellers trucks for delivery to customer.
2. All claims for damages, errors or shortages in the merchandise shall be sent to the Seller in writing within 48 hours from the delivery of the merchandise. A failure to send such claim within said period shall constitute an acceptance of the merchandise as complying with any and all terms and conditions covering the sale of the same.
3. No merchandise may be returned without authorization of the Seller. All material returned is subject to a re-stocking charge.
4. Terms of this sale are net cash 30 days from the date of the invoice, subject to cash discount as shown on the face of the invoice for payment by the 10th of the following month and subject to a service charge as outlined below if delinquent.
5. A service charge of 1 ˝ % per month will be applied to all accounts which are delinquent 45 days past the discount date shown on the face of the invoice.
6, In the even that the invoice is not paid within the time mentioned above and the Seller engages an attorney to enforce collection of the invoice, then, and in that event, Purchaser agrees to pay all expenses and costs of litigation including court costs and reasonable attorney’s fees, including appellate fees to be fixed by the court and Purchaser further agrees that it/he/she may be sued in a court of competent jurisdiction.
7. With respect to equipment not manufactured by the Seller, the warranty obligations of the Seller shall in all respects conform and be limited to the warranty actually extended to the Seller by its supplier.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of title).
The Seller shall not be subject to any other obligations orliabilities whatsoever with respect to equipment manufactured by the seller or its services rendered by the Seller.
8. In the event of a conflict between the terms of the invoice and the terms of a written quotation, the terms of the quotation shall prevail.
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