|TERMS & CONDITIONS
1. NO EXPRESS WARRANTIES
The seller makes no express representations of warranties
concerning the materials sold and delivered to the purchaser except the
said material will conform to the descriptions thereof.
2. WHAT TO DO IF GOODS DELIVERED DO NOT CONFORM TO DESCRIPTION
If this invoice does not properly identify and describe the
merchandise you intended to purchase, or if the materials delivered do
not conform to the description, you are required to notify us within 48
hours in writing.
3. OMMISSION TO NOTIFY: EFFECT
In the event of any failure of omission on your part to notify
us of any variation between the materials delivered and the description
thereof, it will be conclusive between us that the materials purchased
by you, and sold and delivered to you or for your account conforms to
the description thereof.
4. NO IMPLIED WARRANTIES OTHER THAN OF MERCHANTABLE QUALITY
The only implied warranty made by us in connection with the sale
of the materials referred to and described on the reverse side of this
invoice is that the said materials are of merchantable quality. All
other implied warranties are excluded.
5. INSPECTION OF MATERIALS: TIME OF INSPECTION
You are required, as Purchaser of materials, to examine the same
within 48 hours after delivery is made to you, at your plant, factory or
warehouse or at any other designated place of delivery, to determine
quantities, weights, and any claimed breach of warranty.
6. NOTIFICATION OF WEIGHT OF NUMBER DISCREPANCY, OR CLAIMED BREACH
In the event of any discrepancy in quantity, weight, or claimed
breach of warranty, you are required to notify us in writing thereof
within 48 hours after delivery. Your letter must specify the details of
7. EFFECT OF YOUR FAILURE TO SEND NOTICE
In the event of your failure or omission to send us a
notification of claimed weight or number discrepancy, or of any claimed
breach of warranty, it will be conclusive between us that the materials
delivered to you were properly delivered as to quantity, number or
weight, and in conformity with descriptions and warranties, if any.
8. LIMITATION OF DAMAGE CLAIMS
In the event of any claimed breach of implied warranty of
merchantable quality, or of any express warranties of this invoice, our
sole responsibility and obligation shall be to replace the material
without additional cost to you, as the purchaser thereof, or to any
person to whom you may have redelivered the material. It is an express
terms and condition of this sale that no claim shall be made against us,
as vendors, for any consequential damage resulting from any breach of
the implied warranty of merchantable quality or of any express warranty
made by us.
9. INVOICE IF FINAL AND CONCLUSIVE
This invoice, in the absence of any claim of error made in
writing with two days from the date hereof, shall be final and
conclusive as to the terms and conditions of our understanding and sale.
10. RETURN OF MATERIALS
A charge of 20% will be made for all materials returned. All
returns must be in merchantable condition, in the same packaging and/or
wrapper condition as when delivery thereof was made by us to you, or for
your account. Any request for returns will not be honored unless
accompanied by original sale invoice or invoice number and approval for
the return thereof must be in writing. All returns must be delivered by
the customer to our warehouse.
11. In the event of default in payment of this order, or any part
thereof, causing the account to be referred to an attorney or a
collection agency, the purchaser agrees to pay all reasonable collection
fees not to exceed 33 1/3% of the claim, together with all costs and