The terms and conditions of sale contained herein apply to all inquiries sent and all purchase orders entered into by Buyer, and acceptance by Seller of any order by confirmation or commencement of performance shall be on the basis of these terms and conditions of sale, even though no reference is made thereto at the time of acceptance.
Sellers failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these terms and conditions of sale.
Buyers assent to these terms and conditions of sale shall be deemed to be given by implication unless Buyer gives written notice of objection to Seller promptly under receipt of this document. Any changes in the terms and conditions of sale contained herein must specifically be agreed to in writing by an Officer of Seller before becoming binding on Seller. ACCEPTANCE OF ORDERS
All orders from Buyer are subject to acceptance by Seller, and Seller reserves the right to accept or reject any orders in whole or in part. PRICES
Prices quoted or acknowledged by Seller are firm for the quantities and the shipping schedules set forth in the quotation or order acknowledgement, but are subject to revision if quantities and/or shipping schedules are changed by buyer. TRANSPORTATION
All sales are made FOB/CFR/CIF shipping point. Sellers title passes to Buyer upon making delivery of material purchased hereunder to carrier at shipping point in good condition.
All claims for loss or damage must be filed by Buyer with the carrier. Unless specific instructions are given by Buyer, Seller reserves the right to select carrier and routing. DELIVERY
Shipping dates are approximate and are based on prompt receipt from Buyer of all necessary information; Seller reserves the right to make partial shipments. For merchandise custom made to Buyers specifications Seller reserves the right to deliver up to 5% more than the exact quantity ordered, and Buyer is obligated to pay for the full quantity shipped. PAYMENT AND TERMS
All invoices are due and payable 14 days from the date of invoice. No discounts are allowed. Invoices remaining unpaid after their due date will be subject to interest charge of 1.5% per week from their due date until paid. Buyer will pay all costs and expenses of collection of overdue accounts, including reasonable attorneys fees.
Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly.
If shipment is delayed by Buyer, Seller has the right to issue invoice on the date he is prepared to make shipment. If the work covered by the purchase order is delayed by Buyer, the invoiced amount shall be based on the purchase price and the percentage of completion. Products held for Buyer shall be at the risk and expense of Buyer.
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