TERMS AND CONDITIONS OF SALE
The following terms and conditions govern this sale:
- Prices: All prices are subject to change without notice. If prices change Customer agrees to accept new prices.
- Payment Terms: All accounts are due and payable based on terms stated on Seller’s invoice to the remittance address reflected on the invoice.
- Late Payment: Customer acknowledges and agrees that it will be charged two percent (2%) per month as service charge plus up to the maximum interest allowed by law on any unpaid balance that has not been paid by the date due, and Customer agrees to promptly pay said service charge and interest. A part of a month is treated as full month for the purpose of calculating service charge and interest. Waiver of any service charge or interest for one month by Seller shall not be deemed a waiver of future charges.
- Back Orders: Back Orders will be shipped as received unless the Customer instructs otherwise.
- Claims: No claim for damages, defects, shortages or otherwise shall be valid unless made in writing within forty-eight (48) hours of delivery of goods to Customer. If the goods are damaged or defective and the manufacturer acknowledges responsibility under its warranty or otherwise, Seller may, but shall not be required to (1) replace the damaged or defective goods from inventory, if available, or (2) allow the Customer a credit for amount of the purchase price of the goods. In no event shall Seller’s responsibility to Customer exceed the purchase price of the goods involved. On shipments made directly to Customer from the manufacturer, the sale is complete and Seller’s responsibility to Customer ends upon delivery to the common carrier. Such shipments should be inspected by Customer before accepting delivery from the carrier. No goods shall be returned without Seller’s prior approval. Customer shall assume all risk and liability for all loss, damage, or injury to the person or property resulting from the use of the goods.
- Special Orders: Orders for goods which Seller does not regularly stock may not be cancelled for any reason after Seller has placed the order with the manufacturer.
- Taxes: Customer will pay, in addition to the estimated totals, all taxes, including, without limitation, sales, use and excise, imposed by any present or future law on the sale or use of the goods covered thereby.
- Delivery: Seller shall not be responsible for any delays in delivery of the goods due to any circumstances beyond Seller’s control, including, but not limited to fire, flood, earthquake, transportation delays, labor disputes, civil disorders, governmental orders or actions, acts of war or terrorism, and inability to secure goods from Seller’s usual sources of supply.
- Freight Damage: All damage products must be reported within 48 hours of delivery to our Customer Service Department at 1-866-256-3885
- Governing Terms: The terms and conditions on the Seller’s Credit Application and on this document shall govern this transaction and shall supersede any purchase order submitted to Seller by Customer. Customer hereby agrees that the terms and conditions of any purchase order other than the identity of and quantity of the item(s) being purchased are null and void and of no legal effect.
- Warranty Disclaimer: Haines, Jones & Cadbury Corporation (HJC Corp) warrants that it has title to the goods sold. It makes no other warranties, expressed or implied, including, without limitation, warranties for merchantability and fitness for use with respect to the goods referred to in this invoice. Any warranty, HJC Corp may, but shall not be required to, replace the damaged or defective goods from HJC Corp’s inventory, if available, or allow the purchaser a credit for the amount of the purchase price of such goods.
- Dispute Resolution/Venue: Any dispute arising out of this transaction shall be resolved by litigation or binding arbitration (Dispute Resolution) at Seller’s option. Such Dispute Resolution shall be conducted at a location selected by Seller and in the event of binding arbitration, by an arbitration service selected by Seller. A single arbitrator shall preside over the arbitration. If the parties cannot agree upon a single arbitrator, the procedure of the arbitration service selected by Seller shall be used to select an arbitrator.
- Costs of Collection: If Seller retains or employs attorneys or other agencies in order to secure payment of any sums due from Customer, including the filing of foreclosure actions on liens filed due to Customer’s failure to make payment, the Customer agrees to pay attorney and/or collection fees, costs, and other related expenses in addition to all sums due.
- Personal Liability: The person(s) executing this document on behalf of Customer hereby represents he/she has authority to execute this document on behalf of the Customer and acknowledges if no such authority exists that he/she by executing this document becomes personally liable under its terms.