In accordance with the usage of trade, your consent to the terms and conditions of sale set forth below shall be conclusively presumed from your failure to reasonably object in writing to any of these terms and conditions and also as your acceptance of all of the material ordered.
All written proposals, negotiations and representations, if any that were made prior to the date of this acknowledgment are merged herein.
1. PAYMENT METHOD: Payment methods accepted: Visa or by check (if credit approved).
2. PRICE: All prices and payments are based on U.S. dollars.
3. PAYMENT TERMS: Credit is subject to approval of Seller. If approved, payment terms are 1%-10, Net
30 days from invoice date. Remittance should be made to:
Accurate Component Sales, Inc.
SDS 12-1957
P.O. Box 86
Minneapolis, MN 55486
A charge of 1-1/2% per month may be applied for each month of delinquency (18% annual rate). To apply for credit, please contact Accounts Receivable at (651) 393-3505. If not approved, payment shall be made by Visa, or prepayment, where applicable. Should Seller have any reason to doubt Buyer’s financial responsibility, Seller reserves the right to decline to perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to Seller.
4. DELIVERY: Subject to prior sale and Seller shall not be liable for failure or delay in shipping goods if such failure or delay is due to an Act of God, war, labor difficulties, accident, and the inability to obtain material or any other cause of any kind beyond the control of Seller. All shipments will be FOB Mill.
5. TAXES ON SALES: If, under any law now or hereafter passed, the seller is required to pay a tax on sales, the amount of these taxes will be added to the invoice value. If tax-exempt, a copy of your tax exemption certificate must be on file with Accurate Component Sales, Inc.
6. SPECIFICATIONS: If submitted specifications are not complete in detail, then accepted industry specifications will be used in all matters pertaining to the manufacturing, inspecting, marking, packaging and shipping of the products ordered not covered by the submitted specifications.
7. ERRORS: Seller reserves the right to correct all typographical or other errors in quotations.
8. CANCELLATION: Orders are not subject to cancellation or deliveries deferred except by mutual consent expressed in writing and signed by duly authorized officers of Buyer and Seller. In the event of cancellation, Buyer shall indemnify Seller against any loss resulting from cancellation and within 30 days of effective date of cancellation. Buyer shall pay Seller all reasonable costs and expenditures incurred as a result of this cancellation plus a reasonable amount for handling and overhead charges.
9. QUANTITIES: Unless specifically provided otherwise in this acknowledgment Seller reserves the right to overship or undership by 10% of quantity ordered.
10. RETURNS: Return of Sellers products must be authorized in writing. A RETURN GOODS AUTHORIZATION NUMBER (RGA #) must be obtained for all returns. Items returned without RGA # will not be accepted. A restocking charge may or may not apply depending on the reason for returning goods. Goods must be returned within thirty (30) days of shipment. The RGA # must appear on returned paperwork and boxes. Upon arrival at our plant, returned quantities will be verified and customer will be notified immediately of any discrepancies. A credit memo will be issued for the quantity returned.
11. DIES AND TOOLS: Charges for dies, gauges, fixtures and tools do not convey ownership or the right to remove them from Seller’s factory.
12. CLAIMS: If delivered material is not as ordered, Buyer must notify Seller within 15 days of receipt of shipment. If Buyer’s claim is sustained Seller at Seller’s option shall repair, replace, credit or complete the order. The foregoing will be Buyer’s exclusive and sole remedy on account or in respect of the furnishing of material that does not conform to this contract or to any express or implied warranty. Under no circumstances, shall Seller be liable for any claim, loss, damage, cost of repair or consequential damages, of any kind, in connection with the sale or use of any items, sold by Seller or any reason of the fact that such items do not conform to any contract between Seller or Buyer or to any express or implied warranty. Seller will allow no claims and have no responsibility for any items sold by Seller which are further processed, redesigned, modified or altered in any way resulting in a change of dimensions or characteristics of the items as sold by the Seller.
13. WARRANTY: Seller warrants that the products to be furnished under this order will be of merchantable quality and free from defects in material and workmanship under normal conditions of use. THE FOREGOING IS SELLER’S SOLE WARRANTY UNDER THIS ORDER, AND ALL OTHER WARRANTIES OF ANY KIND WHATEVER WHETHER EXPRESSED OR IMPLIED AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUAR PURPOSE WHICH EXCEED THE AFORESAID ARE HEREBY DISCLAIMED AND EXCLUDED. |