Common use of PRICE AND TERMS Clause in Contracts

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by Supplier under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes. (b) Payment terms are net thirty (30) days from the end of the month. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to (1) withhold shipment of the Order until full payment is made; and/or (2) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse Supplier for the reasonable costs, including solicitors’ fees, of collecting such amounts from Buyer. (c) Upon reasonable request by the Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonable requests to determine credit status or credits limits (d) In the event of any dispute regarding an invoice, quality, defects, suitability, conformance with description, the buyer must provide within 7 days, written notice to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these terms. (e) Returns- The supplier shall not accept any returns that have been specially ordered or manufactured or sourced for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the Supplier. (f) Pricing schedules (whether attached to this Agreement or an Order) are subject to change as specified either by the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by post. (g) Unless otherwise specified in the Order, Order will be delivered FOB ex-works Supplier’s premises and will be shipped either by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyer. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by Supplier under this Agreement will be specified in the applicable Orderorder confirmation. Unless otherwise expressly stated in an Orderorder confirmation, all prices exclude shipping and taxes. (b) Payment terms are net thirty (30) days for all orders that are not categorized as spare parts divided into 3 rates. Rates are set as 50% down payment 40% after FAT test and 10% upon shipping from the end of Supplier. No work on the monthOrder will commence before payments has been made. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to (1) withhold further work or shipment of the Order until full payment is made; and/or (2) revoke any credit extended to Buyer. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall reimburse Supplier for the reasonable costs, including solicitors’ attorney’s fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Xxxxx provides written notice of the dispute prior to the due date for such payment. (c) Unless otherwise specified on the invoice payment terms for all spare part orders (orders not categorized as to be paid according to above section 2b) are thirty (30) days from invoice date. (d) Upon reasonable request by the Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonable requests to determine credit status or credits limits (d) In the event of any dispute regarding an invoice, quality, defects, suitability, conformance with description, the buyer must provide within 7 days, written notice to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these terms. (e) Returns- The Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (I) the material default of any supplier shall not accept or sub-contractor; (II) labor strike or dispute; or (III) material uncured default with respect to any returns that have been specially ordered or manufactured or sourced for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date debt obligations of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the SupplierBuyer. (f) Pricing schedules (whether attached to this Agreement or an Order) are subject to change as specified either by the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by post. (g) Unless otherwise specified in the Orderorder confirmation, Order the order will be delivered FOB ex-works Supplier’s premises and will be shipped either by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyerEX WORKS as per Incoterms 2010 stipulations. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Terms of Sale

PRICE AND TERMS. (a) The prices payable by Buyer for goods Buyer, quantities, and services product specifications related to be supplied by Supplier under this Agreement the Work will be specified in the applicable Order. Unless otherwise expressly stated in an that Order, all prices exclude shipping shipping, postage, delivery, or freight costs and taxes. (b) Notwithstanding anything to the contrary in this Agreement, any Order, correspondence, discussion, or other contract document between the parties, Supplier shall have the right to increase pricing for the Work at any time prior to the last date of performance of services and/or date of delivery of any product specified in an Order. (c) Payment terms are net thirty (30) calendar days from the end date of the monthinvoice. If Buyer does not pay an invoiced amount within terms, Buyer will in addition Xxxxx agrees to also pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to (1) withhold shipment of the Order postpone Supplier’s performance under this Agreement until full payment is made; and/or (2) revoke any credit extended to Buyer; and/or (3) terminate the Order. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall reimburse Supplier for the reasonable costs, including solicitorsattorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply if Xxxxx provides written notice of the dispute prior to the due date for such payment. (cd) Upon reasonable request by the Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonable requests to determine credit status or credits limits (d) In the event of any dispute regarding an invoice, quality, defects, suitability, conformance with description, the buyer must provide within 7 days, written notice to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these terms. (e) Returns- The Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to events of Force Majeure and any default of any debt obligations of Buyer or of any supplier shall not accept any returns that have been specially ordered or manufactured or sourced for the buyersub-contractor of Buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the Supplier(e) . (f) Pricing schedules (whether attached to this Agreement or an Order) are subject to change as specified either by the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by post. (g) Unless otherwise specified in the Order, Order Work will be delivered FOB ex-works Supplier’s premises manufacturing facility and will be shipped either to Buyer via carriers selected by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyerSupplier. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by Supplier under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes. (b) Payment terms are net thirty (30) calendar days from the end date of the monthinvoice. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to (1) withhold shipment of the Order Work until full payment is made; and/or (2) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse Supplier for the reasonable costs, including solicitors’ attorneys fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by the Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonable requests to determine credit status or credits limits. (d) In Buyer shall provide notice within five (5) business days of the event occurrence of any dispute regarding an invoice, quality, defects, suitability, conformance event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any supplier or sub-contractor; (ii) labor strike or dispute; or (iii) material uncured default with description, the buyer must provide within 7 days, written notice respect to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these termsdebt obligations of Buyer. (e) Returns- The supplier shall not accept any returns that have been specially ordered or manufactured or sourced for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the Supplier. (f) Pricing schedules (whether attached to this Agreement or an Order) are subject to change upon a change in the price of applicable raw materials (as specified either by reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by postdate of such schedule. (gf) Unless otherwise specified in the Order, Order Work will be delivered FOB ex-works Supplier’s premises manufacturing facility and will be shipped either to Buyer via carriers selected by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyerSupplier. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by Supplier The Canvas Works Ltd under this Agreement will be specified in the applicable OrderQuote or purchase order. Unless otherwise expressly stated in an Ordera Quote or purchase order, all prices exclude shipping and taxes. (b) Payment terms for individual Buyers are net thirty ten (3010) calendar days from the end date of the monthinvoice. Payment for Business Buyers is due on the twentieth (20th) day of the month following the date of the invoice. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay The Canvas Works Ltd reserves the right to (1) add finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to balance; and/or (12) withhold shipment of the Order revoke Work until full payment is made; and/or (23) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse Supplier The Canvas Works Ltd for the reasonable costs, including solicitors’ attorney’s fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by the SupplierThe Canvas Works Ltd, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier The Canvas Works Ltd reasonable requests to determine credit status or credits limits. (d) In Buyer shall provide notice within five (5) business days of the event occurrence of any dispute regarding an invoice, quality, defects, suitability, conformance event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any The Canvas Works Ltd or sub-contractor; (ii) labour strike or dispute; or (iii) material uncured default with description, the buyer must provide within 7 days, written notice respect to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these termsdebt obligations of Buyer. (e) Returns- The supplier shall not accept any returns that have been specially ordered or manufactured or sourced for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the Supplier. (f) Pricing schedules (whether attached to this Agreement or an OrderQuote or purchase order) are subject to change upon a change in the price of applicable raw materials (as specified either by reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by postdate of such schedule. (gf) Unless otherwise specified in the OrderQuote or purchase order, Order Work will be delivered FOB ex-works Supplier’s premises and will be shipped either by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyer. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.Canvas Works Ltd.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by Supplier under this Agreement will be specified in the applicable OrderOrder Confirmation. Unless otherwise expressly stated in an OrderOrder Confirmation, all prices exclude shipping and taxes. . (b) Payment terms are net thirty (30) calendar days from the end date of the monthinvoice unless specified differently on the Order Confirmation. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier reserves the right to (1) withhold shipment of the Order other orders until full payment is made; and/or (2) revoke any credit extended to Buyer. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall also reimburse Supplier for the reasonable costs, including solicitorsattorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply, provided that Xxxxx provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by the Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonable requests to determine credit status or credits limits. (d) In Buyer shall provide notice within five (5) business days of the event occurrence of any dispute regarding an invoice, quality, defects, suitability, conformance event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any supplier or sub- contractor; (ii) labor strike or dispute; or (iii) material uncured default with description, the buyer must provide within 7 days, written notice respect to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these termsdebt obligations of Buyer. (e) Returns- The supplier shall not accept any returns that have been specially ordered or manufactured or sourced Pricing is subject to change without notice (as reflected on our web site) for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the Suppliersubsequent orders. (f) Pricing schedules (whether attached to this Agreement or an Order) are subject to change as specified either by the Suppliers manufacturers or as deemed necessary by the supplier and the buyer shall have 30 days’ notice in writing either electronically or by post. (g) Unless otherwise specified in the OrderOrder Confirmation, Order Work will be delivered FOB ex-works Supplier’s premises manufacturing facility and will be shipped either to Buyer via carriers selected by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyerSupplier. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Terms and Conditions of Sale

PRICE AND TERMS. (a) The prices payable by Buyer Client for goods and services Goods to be supplied by Supplier Company under this Agreement will be specified in the applicable Orderorder. Unless otherwise expressly stated in an Order, all prices exclude shipping include taxes and taxesshipping. (b) Payment terms are net thirty are; (30i) days from the end 50% of the monthOrder total, including taxes when placed; (ii) 50% of the Order prior to shipment. Invoices will be issued accordingly. If Buyer for any reason, Client does not pay an invoiced amount within terms, Buyer Client will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Supplier Company reserves the right to (1) withhold shipment of the further Order shipments until full payment is made; and/or (2) revoke any credit extended to BuyerClient. In the event that BuyerClient’s account is more than ninety (90) days in arrears, Buyer Client shall reimburse Supplier Company for the reasonable costs, including solicitors’ attorney’s fees, of collecting such amounts from BuyerClient. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Client provides written notice of the dispute prior to the due date for such payment. (c) Client shall review and approve product samples provided by the Company prior to order placement. (d) Upon reasonable request by the SupplierCompany, Buyer Client shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier Company reasonable requests to determine credit status or credits limits (d) In the event of any dispute regarding an invoice, quality, defects, suitability, conformance with description, the buyer must provide within 7 days, written notice to the supplier. The Supplier does not accept liability for any such claim not made in accordance with these terms. (e) Returns- The Client shall provide notice within five (5) business days of the occurrence of any event which materially affects Client’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any supplier shall not accept or sub- contractor; (ii) labor strike or dispute; or (iii) material uncured default with respect to any returns that have been specially ordered or manufactured or sourced for the buyer. Returns for standard stocked items will incur a 15% re-stocking fee and will only be accepted within 7 days from the date debt obligations of delivery and conditional upon being received in its original packaging and in good re-saleable condition as determined by the SupplierClient. (f) Pricing schedules (whether attached to this Agreement or an a Order) are subject to change upon a change in the price of applicable raw materials (as specified either by reflected on a (g) Pricing schedules (whether attached to this Agreement or a Order) are subject to change upon a change in the Suppliers manufacturers price of shipping (as reflected on a recognized trade or as deemed necessary by commodity pricing tracker) in excess of five percent (5%) from the supplier and the buyer shall have 30 days’ notice in writing either electronically or by postdate of such schedule. (gh) Pricing schedules (whether attached to this Agreement or a Order) are subject to change upon a change in the duty and tariffs (as reflected on a recognized publication by the United States International Trade Commission, the Office of the United States Trade Representative) in excess of five percent (5%) from the date of such schedule. (i) Unless otherwise specified in the Order, Order Goods will be delivered FOB ex-works Supplierfrom Company’s premises manufacturing facility and will be shipped either to Buyer via carriers selected by Buyers own specified transport, whereby the buyer incurs all associated freight costs or via Suppliers preferred transport carriers and freight charges will be invoiced to buyerCompany. (h) Special Orders, any orders that either have to be specially manufactured or sourced are required to have a 50% payment in advance with the balance to be paid before dispatch to the customer. (i) Where orders are requested for supply to those customers that do not have an existing account, payment will be required in advance either by EFT / Bank cheque/ Credit card, and delivery of such orders will take place only upon clearance of payment. (j) Payment can be made by way of Direct Bank Transfer (EFT) and Credit Card. However, credit card payments will be subject to the Banking institute’s transaction percentage (%) rate for processing. Air and Process Filtration Pty Ltd w+0x0x.0xx0xx0x0x0xx0xx0x0x0xxxxxxxxxxx.xxx.xx (k) The supplier shall take every reasonable measure to keep to its delivery dates, however any delays for any reason whatsoever, will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. (l) In the event of circumstances beyond the control of the supplier which prevents the supplier from either full or partial delivery or hinder delivery, the supplier shall not be held liable for as long as the circumstances prevail. The supplier at its option may cancel, rescind or terminate any or all of the contract. (m) Website – any representations made on the Suppliers website is subject to change at the supplier’s discretion, and any information given is general and refers to suppliers products which are also subject to change at the suppliers discretion, and the supplier shall not be held liable in any way whatsoever for information provided on its website, nor shall the information be used. Copied and distributed to any party without the express consent of the supplier. Failure to do so will result in infringement of the supplier’s copywrite and will be dealt with in accordance with the governing laws of the state of which the supplier conducts its business.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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