Terms & Conditions
TERMS AND CONDITIONS OF SALE
1. Seller is a vendor of materials ONLY - and is not a manufacturer or subcontractor.
2. All sales are made specially subject to these terms and conditions.
3. All materials sold come ONLY WITH THE WARRANTY OF THEIR MANUFACTURER. SELLER SPECIFICALLY HEREBY STATES THAT NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE PROVIDED BY THE SELLER. Copies of the various manufacturers’ warranties are available upon request.
4. Because seller has no control of the conditions under which SOD is kept, there are no warranties of any kind with respect to that product which survive delivery thereof.
5. Manufacturers’ warranties shall only apply to those transactions where purchaser has paid in full for the merchandise.
6. Purchaser agrees to hold the seller harmless in all actions, proceedings and litigation arising out of charges brought against manufacturer(s) whose products are sold by the seller,
7. If the unit price set forth on any invoice is incorrect purchaser must notify seller in writing within five (5) days from the date of invoice,
8. Purchaser's obligation is to inspect the materials which are delivered. In the event of a discrepancy in ihe description of or in the quantities of the merchandise set forth on the face of any Invoice Purchaser shall notify seller in writing prior to the close of business on the 3rd day subsequent to the day of delivery of such failure to conform. Should Purchaser fail to so notify seller, it shall be conclusively presumed that the description listed on the front of any invoice is accurate.
9. In the event the quantities of merchandise set forth on any delivery ticket and the quantities set forth thereon are incorrect, or if merchandise is received in damaged condition, Purchaser shall be limited to a credit or refund for any damaged materials or a replacement therefore. Where deliveries are short material, purchaser shall be entitled to additional materials to cover the shortfall. Failure to properly notify the seller shall result in the presumption that said materials were delivered in proper quantity and without damage.
10. IT IS SPECIFICALLY AGREED THAT SELLER RETAINS TITLE TO ALL MERCHANDISE UNTIL IT IS PAID FOR. Seller shall have the right To repossess such merchandise in the event of a default in payment or non-payment, in accordance with there terms of sale. Furthermore, seller reserves the right to refuse to sell or make deliveries of merchandise except for cash.
11. Seller shall not be responsible for the failure to perform caused by strikes, fire, flood and other severe weather conditions, acts of insurrection and war, acts of God and such other similar reasons which are beyond Seller's ability to control.
12. Orders for merchandise made to Purchaser's specifications or which are specially ordered for Purchaser are NON-CANCELABLE under any circumstance,
13. Purchaser accepts primary liability for the payment of all merchandise shipped and/or billed on any invoice and waives the right to use as a defense against payment the obligation of a third party to pay Purchaser for said materials.
14. Purchaser agrees to have agent and facilities available to accept all deliveries of merchandise. Purchaser shall be liable for all freight, demurrage, hold-over and similar charges resulting from its lack of preparedness and/or failure to comply with this section. Seller shall have the right not to deliver if Purchaser has not complied herewith, and in such event, Purchaser shall be liable for the costs of attempted delivery.
15. TERMS OF EACH SALE ARE AS STATED ON THE FRONT OF THE INVOICE.
16. Purchaser may not assign the obligation to pay for the goods set forth hereon unless the Seller consents to such assignment, in writing, by document signed by appropriate officer of Seller.
17. This transaction shall be governed by the laws of the State of New York.
18. In the event Seller is required to turn the collection and any invoices due to it by Purchaser to an attorney or collection agency, Purchaser agrees to be obligated to pay an amount equal to 33 1/3% of the amount sued for as legal fees, together with all costs and disbursements of the collection process. Purchaser acknowledges that said fee is fair and reasonable.
19. Purchaser hereby explicitly waives all rights of setoff.
20. Customer shall be responsible for payment of New York State sales tax and all other taxes, fees or use charges levied by applicable government agencies or institutions whether or not charged by the vendor unless customer provides tax exempt certificate PRIOR to billing
1. Seller is a vendor of materials ONLY - and is not a manufacturer or subcontractor.
2. All sales are made specially subject to these terms and conditions.
3. All materials sold come ONLY WITH THE WARRANTY OF THEIR MANUFACTURER. SELLER SPECIFICALLY HEREBY STATES THAT NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE PROVIDED BY THE SELLER. Copies of the various manufacturers’ warranties are available upon request.
4. Because seller has no control of the conditions under which SOD is kept, there are no warranties of any kind with respect to that product which survive delivery thereof.
5. Manufacturers’ warranties shall only apply to those transactions where purchaser has paid in full for the merchandise.
6. Purchaser agrees to hold the seller harmless in all actions, proceedings and litigation arising out of charges brought against manufacturer(s) whose products are sold by the seller,
7. If the unit price set forth on any invoice is incorrect purchaser must notify seller in writing within five (5) days from the date of invoice,
8. Purchaser's obligation is to inspect the materials which are delivered. In the event of a discrepancy in ihe description of or in the quantities of the merchandise set forth on the face of any Invoice Purchaser shall notify seller in writing prior to the close of business on the 3rd day subsequent to the day of delivery of such failure to conform. Should Purchaser fail to so notify seller, it shall be conclusively presumed that the description listed on the front of any invoice is accurate.
9. In the event the quantities of merchandise set forth on any delivery ticket and the quantities set forth thereon are incorrect, or if merchandise is received in damaged condition, Purchaser shall be limited to a credit or refund for any damaged materials or a replacement therefore. Where deliveries are short material, purchaser shall be entitled to additional materials to cover the shortfall. Failure to properly notify the seller shall result in the presumption that said materials were delivered in proper quantity and without damage.
10. IT IS SPECIFICALLY AGREED THAT SELLER RETAINS TITLE TO ALL MERCHANDISE UNTIL IT IS PAID FOR. Seller shall have the right To repossess such merchandise in the event of a default in payment or non-payment, in accordance with there terms of sale. Furthermore, seller reserves the right to refuse to sell or make deliveries of merchandise except for cash.
11. Seller shall not be responsible for the failure to perform caused by strikes, fire, flood and other severe weather conditions, acts of insurrection and war, acts of God and such other similar reasons which are beyond Seller's ability to control.
12. Orders for merchandise made to Purchaser's specifications or which are specially ordered for Purchaser are NON-CANCELABLE under any circumstance,
13. Purchaser accepts primary liability for the payment of all merchandise shipped and/or billed on any invoice and waives the right to use as a defense against payment the obligation of a third party to pay Purchaser for said materials.
14. Purchaser agrees to have agent and facilities available to accept all deliveries of merchandise. Purchaser shall be liable for all freight, demurrage, hold-over and similar charges resulting from its lack of preparedness and/or failure to comply with this section. Seller shall have the right not to deliver if Purchaser has not complied herewith, and in such event, Purchaser shall be liable for the costs of attempted delivery.
15. TERMS OF EACH SALE ARE AS STATED ON THE FRONT OF THE INVOICE.
16. Purchaser may not assign the obligation to pay for the goods set forth hereon unless the Seller consents to such assignment, in writing, by document signed by appropriate officer of Seller.
17. This transaction shall be governed by the laws of the State of New York.
18. In the event Seller is required to turn the collection and any invoices due to it by Purchaser to an attorney or collection agency, Purchaser agrees to be obligated to pay an amount equal to 33 1/3% of the amount sued for as legal fees, together with all costs and disbursements of the collection process. Purchaser acknowledges that said fee is fair and reasonable.
19. Purchaser hereby explicitly waives all rights of setoff.
20. Customer shall be responsible for payment of New York State sales tax and all other taxes, fees or use charges levied by applicable government agencies or institutions whether or not charged by the vendor unless customer provides tax exempt certificate PRIOR to billing