1. NATURE OF DOCUMENT: This document is the acknowledgement of a contract between Advance Caster & Wheel Company (the “Company”), and the party to whom this form is directed (the “Buyer'') providing for the sale of the products specified (the “Products”) to Buyer on these Terms of Sale; however, if this document is construed to be an acceptance. acceptance is expressly made conditional on the Buyers agreement to all of the terms and conditions contained herein.
2. TERMINATION BY THE COMPANY: The Company reserves the right to unilaterally terminate the contract for sale of the Products at any time the Company determines that the Buyer's credit is not satisfactory.
3. PRICES: All prices are Freight on Board (FOB) Grand Rapids, MI, exclusive of taxes and duties. Errors of omissions in prices are subject to correction. Prices are subject to adjustment to the Company's prices in elect at the time of shipment.
4. PAYMENT: Unless otherwise specified by the company, payment terms will be net cash 30 days from date of invoice. Payable in U.S. Funds. A charge of the lesser of 2% per month of the highest rate that may be charged to the Buyer will be imposed on overdue accounts. Buyers will be liable for all expenses (including attorneys' fees) incurred in collecting any overdue accounts.
5. PAYMENT TERMS: Net 30 days. Minimum order, $100. Orders less than $100.00 ship C.O.D or pay with a credit card. Prices and Specifications subject to change without notification. Prices based on U.S.. currency - plus freight F.O.B. shipping point.
6. FREIGHT: Carriers will be selected by the company, unless the Buyer instructs otherwise. Claims against carriers for damages or lost merchandise must be filed by Buyer on all F.O.B. shipments.
7. INSPECTION: Buyer must inspect all Products and notify, the Company within l 0 days of receipt if there are any obvious defects or shortages. If the Company is not so notified, the Buyer will not be entitled to any recourse for those detects and shortages.
8. RETURNS: On receipt of goods you find that product is unsatisfactory or not as ordered claim must be made in writing with a description of what the apparent problems and the quantity that they wish to return is no later than ten (10) days from receipt of product. Prior written permission must be obtained from the Company with a RA # (Return Authorization number) before any merchandise may be returned. Do not return anything without following the above procedure; it may delay refunds or acquiring the correct product. No returns on custom made items unless manufacturing is at fault.
9. RETURNS DO TO CANCELATION: Orders, which are cancelled prior to shipment, will be subject to a cancelation charge of 15%. Prior written permission must be obtained from the Company with a RA # (Return Authorizations number) before any merchandise may be returned. All returns will be subject to a 30% restocking charge plus freight and will be credited at original invoice value only. Al1 returns must be prepaid. All merchandise must be shipped prepaid, collect shipments will be refused. Orders for custom merchandise may not be cancelled once manufacture of the Products has commenced. No returns on custom-made items unless manufacturing is at fault.
10. PACKING: The Company will determine the most efficient method of-packaging. Special packaging will be subject to an additional charge.
11. DELIVERY TIME: Delivery dates are estimates only. Time shall not be of the essence unless specifically agreed in writing.
12. DISCLAIMER OF WARRANTIES: All warranties on the Products both express and implied are disclaimed including, without limitation, the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. CONSEQUENTIAL DAMAGES: In no event shall the Company be liable for loss of use, revenue or profit or for any other incidental, special or consequential damage.
14. DELAYS: The Company shall not be liable for any delay or failure to perform if caused by an event of contingency beyond its reasonable control irrespective of the nature thereof.
15. MODIFICATION: GOVERNING LAWS; ENTIRE AGREEMENT. No modification of the terms and conditions specified in this document shall be binding upon the Company unless agreed to by the Company in writing. The contract shall be governed by, and consented in accordance with, the laws of the State of Michigan, the location of the executive offices of Bonne'. If accepted by Buyer these provisions shall constitute the entire agreement of the parties with respect to the sale of the Products by the Company to Buyer.
16. ARBITRATION: Any controversy arising under the contract, or the breach thereof, shall be finally settled by arbitration in the state of' shipment origin under the rules of the American Arbitration Association, and judgment upon the award may be entered in any court having jurisdiction.
17. ORDERS: Are subject to an over-run of five (5) per cent of quantity, which will be added to invoice.
18. PRODUCT USE: Buyer shall indemnify, Hold Harmless and Defend Seller from and against any and all expenses arising out of any injury or damage which results from Buyer's misuse, misapplication or failure to inspect or maintain the products.
WE HEREBY CERTIFY THAT THESE GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUITREMENTS OF SECTIONS 6,7 AND 12 OF THE FAIR LABOR STANDARDS ACT, AS AMENDED, AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF, SELLER REPRESENTS PRICES CHARGED ON THIS INVOICE DO NOT EXEED APPLICABLE MAXIMUM PRICES, IF ANY, PERMITTED BY GOVERNMENTAL REGULATIONS.