All accounts are subject to credit approval and account limits. Payment is due 15 days after invoice date.
An interest charge of 1.5% per month (annual rate equals 18%) will be added to past due accounts. Past due accounts will also be chargeable with Seller's reasonable expenses including attorneys fees and court costs incurred in their collection.
All charges are due and payable according to terms listed on the front of this invoice.
Material Claims: Buyer agrees to check material against shipping papers upon unloading at destination. Claims for defective, damaged, improper material, or for shortages will not be allowed unless written notice specifying in detail the nature and extent of the defect, damage, or shortage is mailed to Seller's office within five (5) days from unloading, in case of claim for shortage or damage, by original freight bill with a notation thereon by the local agent of the carrier as to the items and quantity short or damaged. When delivery is by truck, all such claims must be forwarded by Buyer to Seller.
Upon receipt of such notice and after inspection by Seller, if Seller elects to inspect, Seller agrees to replace improper and defective material and make good any shortages in quantities delivered by Seller and, in case of f.o.b. destination shipments, to replace material lost or damaged in transit. No material shall be returned to Seller without Seller's written consent. Seller will instruct Buyer as to disposition of rejected material.
Patents and Trade Secrets: Buyer agrees to save Seller harmless from patent infringement resulting from Seller's compliance with designs and/or specifications (unless originating with Seller) now or hereafter forming a part of this contract or with specific written instructions given by Buyer for the purpose of directing the manner in which Seller shall perform this contract.
Designs: Seller shall not be responsible for the correctness of designs or details prepared or approved by others.
Disclaimer of Warranties and Limitations of Damages
All orders received are subject to approval by Seller. All claims must be made within five (5) days after receipt of the goods. All responsibility ceases upon receipt of goods delivered by a transportation company.
Seller is not responsible for failure or delay in delivery due to natural disasters, strikes, breakdowns, carrier delays, limited production, or other causes beyond Seller's control or in any event for consequential damages to Buyer for Seller's failure or delay in delivery.
It is hereby agreed that the Seller makes no warranties of goods sold, express or implied, including warranties of merchantability and/or fitness for a particular purpose. No person is authorized to give any warranties or assume any liability on behalf of Seller without Seller's express written permission.
Seller shall have no liability for incidental or consequential damages resulting from defects in products sold pursuant to this agreement. In the event goods are found to be nonconforming, Buyer's remedy is limited to replacement of non-conforming goods or parts.
Seller shall have no liability for damages or injury resulting from improper employee training by the Buyer. Buyer agrees to be responsible for employee safety as it may pertain to products purchased from Seller. Buyer agrees to properly maintain all safety devices and warning labels installed by Seller at time of delivery. Buyers of stainless steel steak skewers or filet pins are responsible to warn customer/end-user to remove skewer prior to serving/eating to prevent choking hazard.