Terms and conditions of use
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Our Company unless made in writing and signed and approved by an officer or other authorized person at Our Company. No modification of any of these terms shall be modified by Our Company's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
3. SUBSTITUTION - Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company .
4. PRICE - Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Company . A price designated as firm for a specific period may be revoked by Our Company if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION - Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING - Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced value of the material (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES - Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall